Taxes and Capital Gains
Do You Owe Capital Gains Tax on an Inherited House in California?
You may owe capital gains tax, but usually far less than people fear, because of the stepped-up basis. Your gain is calculated from the home's value on the date of death, not the original purchase price. Sell soon after inheriting and there is often little appreciation to tax.
How the tax works
Any gain above the stepped-up basis is a capital gain. Held more than a year, it is taxed at long-term federal rates, and California taxes capital gains as ordinary income with no separate lower rate. A high-net-worth seller can face a combined rate in the mid-30s on the gain, so timing and records matter. If an heir lived in the home as a primary residence, the personal home-sale exclusion may also apply. A CPA can model your specific situation before you sell.
General information. Not tax advice. Consult a CPA.Have a probate property in San Diego or Riverside County?
Ron Burner, Certified Probate Real Estate Specialist (CPRES), has guided families through 50-plus probate sales. Get straight answers with no obligation.
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