Selling an inherited home in San Mateo

Updated September 17, 2026. General information for sellers in the city of San Mateo, California. It is not legal or tax advice.

Selling a parent's or relative's house is often part of settling their affairs. The first question is not price. It is who has the legal right to sell. The answer depends on how the home was held when the owner died.

Step one: find out how the home was owned

Look at the most recent recorded deed. You can request a copy from the San Mateo County Assessor-County Clerk-Recorder. The deed usually points to one of three paths.

• A living trust. If the deed names a trustee, the successor trustee named in the trust document can usually sell the home without going to court.
• Joint tenancy or community property with right of survivorship. The surviving owner usually records a document with the death certificate to clear title, then can sell.
• In the owner's name alone, with no trust. The home usually passes through probate or one of California's simpler court procedures.

An estate attorney can confirm which path applies. It is worth doing this before you talk about listing dates, because it decides how long the sale can take.

When the home goes through probate

In probate, the court appoints a personal representative. That is the executor named in the will, or an administrator if there is no will. Only that person can sign a listing agreement and a purchase contract for the estate.

Depending on the authority the court grants, the sale may need the court's approval before it closes. California uses Judicial Council form DE-260, the Report of Sale and Petition for Order Confirming Sale of Real Property, to ask the court to confirm a sale. When a court must confirm the sale, other buyers can sometimes bid at the hearing. Build that time into your plans, and ask your attorney which rules apply to your case.

California's limits for simpler procedures

California has shorter procedures for smaller estates. The limits are set by the Probate Code and adjusted over time. The Judicial Council publishes the current amounts on form DE-300. For a death on or after April 1, 2025, that form lists these limits:

• $750,000: the most the decedent's primary residence in California can be worth to use the court petition for succession to a primary residence (form DE-310).
• $208,850: the most the decedent's California real and personal property can be worth to use the small estate affidavit, not counting certain excluded property.
• $69,625: the most all California real property in the estate can be worth to use the affidavit for real property of small value.

These limits use gross value, which means the value before subtracting any mortgage. Many San Mateo homes are worth more than $750,000, so check the value against the limit before choosing a path. A written estimate from a local agent can help with that first check, though the court process may require an appraisal by a probate referee.

Disclosures when an estate sells

California's Transfer Disclosure Statement, a form where sellers describe the condition of a home, does not apply to sales ordered by a probate court in the administration of an estate (Civil Code section 1102.2). Some sales by trustees are also exempt, but that exemption does not apply when the trustee of a revocable trust is a former owner of the home or lived there in the past year. Other disclosures, like the Natural Hazard Disclosure Statement, can still apply. Heirs often know little about the home's history, so it helps to say plainly what you do and do not know.

Taxes to ask about

Two tax questions come up often. The first is income tax. Under IRS Publication 551, the basis of inherited property is generally its fair market value on the date of death. That can make a big difference to any gain when you sell, so keep records of the value at that time. The second is property tax. If you plan to keep the home instead of selling, read our guide to Prop 19, because the parent-child exclusion now applies only in limited cases.

Getting the house ready

Inherited homes are often full of belongings and may need repairs. Before you spend money, decide whether to sell as-is or to fix things first. Clearing out the house and a deep clean usually help. Large remodels often don't pay back, especially while an estate is paying the costs. If several heirs share the decision, agree on the plan in writing early. That avoids delays once a buyer makes an offer.

A simple order of steps

1. Get the death certificate and a copy of the deed and any trust or will.
2. Talk to an estate attorney about which path applies and who can sign.
3. Get an estimate of value, and check it against the court limits above.
4. Secure the house, keep insurance and utilities active, and keep paying property tax.
5. Decide with the other heirs whether to repair, sell as-is, or keep the home.

Sources

• California Courts: Check if you can use a simple process to transfer property
• Judicial Council form DE-300: Maximum values for small estate procedures
• Judicial Council form DE-260: Report of Sale and Petition for Order Confirming Sale of Real Property
• California Civil Code section 1102.2: exemptions from the Transfer Disclosure Statement
• IRS Publication 551: Basis of Assets
• San Mateo County Assessor-County Clerk-Recorder

Laws and amounts change. Check the sources above, and talk to an attorney or tax advisor about your own situation.