We've helped a lot of California families through this. The pattern is consistent: a parent passes away, the family is grieving, and there's suddenly a house full of memories that has to be dealt with. There are siblings to coordinate. There's paperwork no one understands. There's a lawyer who keeps using words you have to look up.
If this is where you are, take a breath. There's no perfect order to do this in, and there's no rush in the first few weeks. Here's the practical roadmap most California families follow, in roughly the order it makes sense to do things.
This isn't legal advice. For specific questions, talk to a probate attorney. But here's what tends to come up.
The first 30 days: take care of yourself first
In the first month, the only urgent things are:
- The funeral or memorial service
- Securing the property (lock the doors, change the locks if there's any concern about who has keys, set up a security camera if it's vacant)
- Finding the will if there is one
- Making sure the homeowner's insurance is still in force and the carrier knows the situation
That's it. Don't make any major decisions about the house in the first 30 days. The bills can wait. The cleanout can wait. Family meetings about who gets what can wait. You'll make better decisions in 60 days than you will in week 2.
If the house has a mortgage, contact the lender to let them know. Mortgage payments can usually continue from the estate's bank account; you don't have to make them personally. Don't panic if a payment gets missed in month one; most lenders give a grace period when they're notified of a death.
Find the documents you'll need
Before probate or any sale, you'll want to locate (or get copies of):
- The will, if there is one. Look in a home safe, with the parents' attorney, in a safe deposit box, or with a sibling who may have been told where it was.
- Trust documents, if the home was held in a living trust. If so, the home doesn't go through probate at all; the successor trustee can sell directly.
- Death certificate. The funeral home usually orders these. Get at least 10 certified copies. You'll need them for the bank, the title company, the IRS, the DMV, Social Security, insurance, and probate court. Each agency wants its own original.
- Property records. Original deed, any mortgage statements, property tax bills, HOA documents, recent utility bills.
- Financial accounts. Bank statements, brokerage accounts, retirement accounts, life insurance policies. Some of these will pay out directly to named beneficiaries (skipping probate). Others go through the estate.
This takes longer than you'd expect. Plan on a few weekends of going through your parents' files.
Figure out whether probate is required
Not every California estate goes through probate. The two main alternatives:
1. The home was in a living trust. No probate needed. The successor trustee named in the trust document can sell the property. This is the cleanest path and the reason many California families set up trusts in the first place.
2. The home was held in joint tenancy with right of survivorship (often spouse + spouse, or parent + adult child). When one joint tenant dies, the property passes automatically to the survivor without probate. The surviving owner just needs to file an Affidavit of Death of Joint Tenant with the county.
Otherwise, probate is required for any California real estate held in the deceased person's individual name worth more than $184,500 (2026 threshold; check current amount). Practically every Bay Area home will require probate unless it was in a trust or joint tenancy.
Probate in California typically takes 9 to 18 months. The house can be sold during probate (often with court confirmation), but the proceeds usually can't be distributed to heirs until probate closes.
Hire a probate attorney (if you need one)
For estates that require probate, a probate attorney is almost always worth the cost. California probate is procedural and unforgiving: wrong forms, missed deadlines, or improper notices can add months and cost.
California probate attorney fees are set by statute (California Probate Code 10810):
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 0.5% of the next $15 million
On a $1.2 million estate, the statutory probate attorney fee is about $26,000, paid from the estate, not by you personally.
Some attorneys offer flat-fee or hourly arrangements that come out cheaper, especially for simpler estates. Ask.
If the estate doesn't need probate (it's in a trust), you usually don't need an attorney for the sale itself. A title company and a real estate professional can handle most of it.
Have the family conversation
Somewhere in the first 60 days, the family needs to have an honest conversation about what to do with the house. The main options:
Option 1: Sell. Most common. Cash gets distributed to heirs based on the will or trust.
Option 2: One heir buys out the others. Common when one sibling lives nearby or wants to keep the family home. The estate gets that sibling's share in cash, and the other heirs get cash from the buyout.
Option 3: Keep and rent it out. Less common because of the management hassle, the Prop 19 property tax reassessment, and the family complications when one heir manages it.
Option 4: Give it to one heir as their inheritance. Possible if the will allows and other heirs are getting comparable assets from the estate.
This conversation often surfaces years of family dynamics. Be patient. The decision doesn't have to happen in week 1.
Get a date-of-death appraisal
Whether you sell or keep, you need a documented value of the home on the date of death. This becomes the basis for capital gains tax purposes (the "stepped-up basis"; see our separate post on capital gains for inherited property).
A California licensed appraiser does this for $400 to $700. Get one. Don't rely on estimates or Zillow. The IRS may ask for documentation if anyone audits the estate or your future tax return.
Decide whether to repair or sell as-is
This is one of the biggest financial decisions in the process.
A Bay Area home that's been lived in for 30+ years usually needs significant work to list at top dollar:
- Updated kitchen and bathrooms ($40K to $100K)
- Fresh paint, flooring, landscaping ($15K to $40K)
- Possibly roof, HVAC, electrical updates ($10K to $30K)
- Cleanout of decades of belongings (donate, sell, dispose, weeks of work)
The traditional listing path means investing this money and time, then waiting 30 to 60 more days for sale and close. The upside is a higher gross sale price.
The cash-buyer path means selling as-is, no investment, no waiting. We typically pay 70 to 90% of what a market-ready listing would fetch. The trade-off is gross sale price versus speed, certainty, and zero hassle.
For families dealing with grief, scattered across the country, or unable to invest tens of thousands in a home they don't own, the cash-buyer math usually wins.
What we do for families in this situation
We buy a lot of California estate properties. Here's specifically how we make it easier:
You don't need to clean it out. Take what you want: photographs, jewelry, sentimental items, anything important. Leave the rest. Decades of furniture, clothes, kitchen things, garage clutter. We handle it. We donate what we can to local charities.
We work with your timeline. If probate is dragging and you need to wait 6 more months to close, we can wait. If you want to close in 3 to 7 days because the carrying costs are eating the estate, we can do that too. Your call.
We work remotely. We've closed deals where the family was scattered across 5 states. Documents get signed electronically. We handle the in-person walkthrough and any local logistics. You don't have to fly out.
We've worked with probate before. We know the IAEA process, the 90% rule, court confirmation when it's needed, and the documentation. We work with title companies that handle probate sales every day.
No commission, no closing costs. Important for a family dividing proceeds. Saving the 5% realtor commission on a $1.2M sale = $60,000 more for the family.
We're patient. We understand this is one of the harder things a family goes through. We don't pressure you to decide. We give you a real number, you take whatever time you need to evaluate it, and you call us when you're ready.
What to do this week
If you're in the first few weeks of dealing with a parent's home, the practical next steps:
- Secure the property and notify the homeowner's insurance carrier of the situation.
- Get certified copies of the death certificate (10+ originals).
- Locate the will and any trust documents.
- Talk to a probate attorney about whether probate is required.
- Don't make any irreversible decisions yet. Take 30 days.
At some point in the next 30 to 90 days, when you're ready to start thinking about the house, give us a call. We'll set up a walkthrough at the property, give you a fair cash offer, and let you decide on your timeline whether selling to us makes sense for your family.
Call or text 415-800-1415, or fill out the short form below. There's no pressure and no commitment. We talk to families in this situation every week and we'd be glad to help.
Selling a parent's home often means dealing with probate timing, a house held in a trust, or a reverse mortgage. We buy inherited Bay Area homes for cash and handle the cleanout. Get an offer in 24 hours.
About Roe
Roe is part of the Maple Home Buyers team. Roe leads the Maple Home Buyers team in the Bay Area. Family-owned, BBB accredited, 2,000+ homes purchased since 2009.
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