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Heirs · Shasta & Tehama County

Probate and Prop 19 in Redding: What to Know Before Selling an Inherited California House

By Derek Torculas · Last reviewed: October 29, 2026

Inherited a house in Redding, Anderson, Cottonwood or elsewhere in Shasta County? Here is how probate, the small-estate limits and Prop 19 property tax rules work, and how a sale fits in.

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I'm sorry for your loss. This page is for families in Shasta County and Tehama County who inherited a house and are trying to sort out two separate systems at once: the court process (probate) and the property tax rules (Prop 19). They are easy to mix up. Probate decides who has the legal authority to sign. Prop 19 decides what the county charges in property tax afterward. Everything below is tied to an official source so you can check it yourself.

Quick answer

In California, a house in the decedent's name alone generally needs probate unless it fits a small-estate shortcut, and the small-estate affidavit cannot transfer real property. After the court appoints a personal representative, the house can be sold, often without court confirmation if the representative has full authority. Under Prop 19, a child keeps the parent's lower tax value only by moving in and claiming the family-home exclusion. If the house is sold, that exclusion is not needed.

Do you need probate? The small-estate limits

Probate is not always required. A house avoids probate when it was in a living trust, passes by a transfer on death deed, or was held in joint tenancy with right of survivorship. A house titled only in the decedent's name usually needs a court process, unless the value fits one of California's shortcuts. The California Courts Self-Help Guide lists the current limits for people who died on or after April 1, 2025, and the Judicial Council's DE-300 form gives the same figures. They are next adjusted on April 1, 2028.

Procedure	Limit (deaths on or after Apr 1, 2025)	Can it transfer a house?
Small-estate affidavit for personal property (§ 13100); 40-day wait	$208,850	No. It cannot transfer real property.
Petition to succeed to a primary residence (§§ 13151–13154)	$750,000	Yes, for the decedent's principal residence only.
Real property small-value affidavit (§ 13200; form DE-305)	$69,625	Only a low-value parcel.
Small estate set-aside	$107,900	Limited to qualifying spouse or minor children situations.

Most Shasta County houses are worth more than the $69,625 real property limit, so a house that is not in a trust usually means either the primary-residence petition (if it was the decedent's home and is under the limit) or full probate. Shasta County's own probate page may show older figures. Use the Judicial Council's current table, and ask the court clerk or an attorney which procedure fits.

How probate works in Shasta County

In Shasta County, probate is handled by the Superior Court's Probate Division, filed through the Civil Division at the Main Courthouse, 1515 Court Street, Redding, CA 96001. The court lists hours of 8:30 to 4:00, phone (530) 245-6789, and Probate@shasta.courts.ca.gov. The steps below are the general sequence. Your attorney or the court's self-help center can tell you what applies to your estate.

File the petition. Someone petitions to open the estate and asks to be named personal representative (executor if there is a will, administrator if not). The court's priority list for who may serve starts with the surviving spouse or domestic partner, then children, grandchildren, parents and siblings, per the California Courts Self-Help Guide.
Letters. After the hearing the court issues Letters, the document that proves the personal representative's authority. A title company will ask for them before insuring a sale.
Inventory and appraisal. Within 4 months of Letters, the personal representative files an inventory and appraisal (section 8800). A court-appointed probate referee appraises real estate (section 8902), and the filing includes the Revenue and Taxation Code section 480 change-in-ownership statement used by the county Assessor.
Creditor claims. Creditors generally have until the later of 4 months after Letters or 60 days after they are given notice (section 9100). A mortgage stays attached to the house either way.
Sale, distribution and closing the estate. The house is sold or distributed to heirs, debts and taxes are paid, and the court approves a final accounting. A simple estate where property does not need to be sold can be finished in six months or less, according to the Shasta court. A sale or a dispute takes longer.

Two types of authority matter for a sale. Full authority under the Independent Administration of Estates Act lets the representative do most things, including selling real estate, without a court hearing for each one. Limited authority means a real property sale needs court supervision. The petition asks for full authority, and the court decides.

Probate fees: a worked example

California sets the maximum "statutory" fee for the personal representative and, separately, for the estate attorney. The percentage is applied to the appraised value of the estate, without subtracting mortgages (§ 10800, § 10810): 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9,000,000, and 0.5% of the next $15,000,000.

Example

A Redding house appraised at $400,000 with a $150,000 mortgage and no other assets. The fee is figured on $400,000: $4,000 (4% of $100,000) + $3,000 (3% of $100,000) + $4,000 (2% of $200,000) = $11,000 for the attorney and $11,000 for the personal representative. That is about $22,000, plus court costs and the referee's fee. The mortgage is not subtracted.

The personal representative can be a family member, and a family member can waive the fee. These are statutory amounts; the court can approve different amounts when the attorney's agreement or the estate's situation calls for it. We do not take part in these fees, and I'm not able to give legal advice, so ask your attorney how the fee works in your case.

Selling the house during probate

Once the personal representative has Letters, the house can be sold. How it works depends on authority:

Full authority. The representative can sell without court confirmation (section 10511, section 10503) after delivering a Notice of Proposed Action to interested persons at least 15 days before the sale (section 10586). The notice states the material terms of the sale (section 10585), on Judicial Council form DE-165. If an interested person objects in writing, the sale only proceeds under court supervision.
Limited authority. The sale needs court confirmation, which adds a hearing and can open the price to overbids.
No probate (trust, TOD deed, joint tenancy). The trustee or the surviving owner or beneficiaries sign, and the title company tells us what it needs to insure the sale.

Where a cash offer helps

A traditional buyer depends on a lender, an appraisal and repairs. An estate may not want to fix a house, clean it out or wait for a buyer's loan. We buy houses as-is across Shasta and Tehama County and we pay closing costs. Our offer does not depend on a buyer's financing, and the closing date is set around your court timeline. Once authority and title are in place, we can close in as little as 7 days. If the family needs a few weeks after closing to remove belongings, any rent-back is decided case by case. For vacant inherited homes, see selling a vacant house. For heirs who live out of the area, see selling as an absentee owner.

I'd recommend your probate attorney read any contract before the personal representative signs. If there is no attorney yet, the court's self-help center can point you to resources. Our overview for heirs is on selling an inherited house.

Need to sell an inherited house? Get a written cash offer.

Every owner who can legally sell has to sign. Each house is reviewed case by case.

Prop 19 and the inherited home

Prop 19 changed how California treats property tax when a parent leaves a home to a child. These points come from the Board of Equalization (BOE) Prop 19 page, its Prop 19 fact sheet, and BOE Letter to Assessors 2026/026.

What it covers. For transfers on or after February 16, 2021, the parent-child exclusion applies to a family home (the parent's principal residence that becomes the child's principal residence) or a family farm. The exclusion for rentals, second homes and other real property was eliminated.
The date of death matters. The date of death is the date of the change in ownership. A trust that becomes irrevocable at death is also a change in ownership.
Living there is required. The child has to make the home their principal residence within one year of the transfer, and it has to stay the family home. If it stops being the child's principal residence, the exclusion can end, so ask the Assessor how the rules apply to your family.
Two deadlines. The child files for the homeowners' exemption (form BOE-266) or disabled veterans' exemption (BOE-261-G) within one year of the date of death or transfer, or the exclusion only applies going forward. The claim form BOE-19-P is due within three years of the date of death or transfer, or before transfer to a third party, whichever is earlier.
A value cap. Even with the exclusion, the child's taxable value is the parent's factored base year value plus any amount by which market value exceeds that value plus the "$1 million amount." BOE lists $1,044,586 for transfers from February 16, 2025 to February 15, 2027.

Illustration only

Assume the parent's factored base year value is $200,000 and the child moves in and files on time. If market value on the date of death is $900,000, that is below $200,000 + $1,044,586, so the taxable value stays $200,000. If market value is $1,500,000, the excess over the cap is added: $1,500,000 − $1,044,586 = $455,414 taxable. Your Assessor sets the real number. It is not a tax bill.

The change-in-ownership statement

The county needs to be told about the death. Under Revenue and Taxation Code section 480, in a probate the personal representative files the change-in-ownership statement at or before the inventory and appraisal. For other transfers at death, it is due within 150 days of the death. If the Assessor sends a written request and the statement is late, the penalty is the greater of $100 or 10% of the taxes on the new base value, capped at $5,000 for property eligible for the homeowners' exemption and $20,000 otherwise (for non-willful failures). In a probate, the attorney usually handles this.

Another Prop 19 benefit

An inherited home that the heir lives in as a principal residence can later qualify as the "original home" for Prop 19's separate base year value transfer for homeowners 55 or older, severely disabled, or affected by a disaster. Those claims are made with the county Assessor, and the BOE page above has the rules.

Keep, rent or sell: how Prop 19 changes the choice

If the heirs…	Property tax effect	What to watch
Keep it and a child moves in	The parent's assessed value can carry over, up to the cap.	File the exemption within 1 year and BOE-19-P within 3 years. Someone must keep living there.
Keep it and rent it out	No exclusion. The county reassesses to market value as of the date of death.	Expect a higher bill, a possible supplemental assessment, and landlord duties. See selling a rental.
Sell it	The buyer's purchase sets the new value. The exclusion is not used.	Needs authority to sign. Income tax on the sale is separate. See inherited house taxes and capital gains.

No option is right for every family. A parent's low assessed value can be worth a lot over time, but only if someone really moves in. Selling quickly often makes sense when the heirs live elsewhere, when the house needs work, or when siblings do not agree on keeping it. Taxes on the sale are also affected by the inherited tax basis, which is usually the date-of-death value. A CPA can confirm it for you.

Local offices

Shasta County Assessor-Recorder: 1450 Court St., Suite 208-A, Redding, (530) 225-3600. The Assessor sets the new value after a death. Shasta also publishes a Prop 19 handout.
Tehama County Assessor: (530) 527-5931. Other counties are listed on the BOE's county contacts page.
State Board of Equalization, Property Tax Department: 1-916-274-3350.
Shasta County Superior Court, Probate: 1515 Court Street, Redding; (530) 245-6789; Probate@shasta.courts.ca.gov.
NorCal Home Offer: 940 Merchant St, Redding, CA 96002; (530) 999-7694.

Phone numbers and hours were taken from each office's published page and can change, so call before you go.

What to gather first

Certified copies of the death certificate. You will need several.
The original will and any trust documents, and the names and addresses of all heirs.
The deed, or the legal description and APN from the property tax bill.
The latest mortgage statement, reverse mortgage letter, HOA notice, and any liens you know about.
Homeowners insurance details. Many policies limit coverage when a home is vacant, so ask your agent.
Utilities, keys, and a list of anything inside you want to keep.

Probate and Prop 19 FAQ

This is general information, not legal or tax advice. Talk to a California probate attorney or tax professional about your situation.

Does every inherited house in California go through probate?

No. A house usually avoids probate if it was held in a living trust, passes on a transfer on death deed, or was owned in joint tenancy with right of survivorship. A house in the decedent's name alone usually does need a court process unless it fits one of the small-estate procedures. A small-estate affidavit for personal property (for deaths on or after April 1, 2025, up to $208,850) cannot transfer real property. See the limits table and our transfer on death deed guide.

How long does probate take in Shasta County?

The Shasta County Superior Court says a simple estate where property does not need to be sold can be completed in six months or less. A sale, a dispute, creditor claims or a late tax filing can make it longer. By statute, the inventory and appraisal is due within 4 months of the personal representative receiving Letters (section 8800), and the creditor claim period runs the later of 4 months after Letters or 60 days after notice of administration (section 9100).

Can the house be sold while the estate is in probate?

Yes, once the court has appointed a personal representative and issued Letters. A personal representative with full authority under the Independent Administration of Estates Act can generally sell estate real property without court confirmation (section 10511), after giving interested persons a Notice of Proposed Action at least 15 days before the sale (section 10586). With limited authority, or if someone objects in writing, the sale goes through the court. Heirs cannot sign for the estate before the personal representative is appointed.

What does probate cost on a $400,000 house?

California sets statutory fees for the attorney and the personal representative separately. On the inventory value of the estate, each gets 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and so on (section 10810). For a $400,000 house, that is $4,000 + $3,000 + $4,000 = $11,000 for each, about $22,000 combined, before court costs and appraisal fees. The fee is based on the appraised value without subtracting the mortgage.

What does Prop 19 do to the property tax on an inherited house?

For transfers on or after February 16, 2021, a child can keep the parent's lower assessed value only on the parent's family home, and only if the child makes it their own principal residence (or on a family farm). The old exclusion for rentals and other real property was eliminated. Otherwise the county reassesses to market value as of the date of death. See the Board of Equalization (BOE) Prop 19 page for the official rules.

What are the Prop 19 deadlines?

Per the BOE: the child must file for the homeowners' exemption (or disabled veterans' exemption) within one year of the date of death or transfer, or the exclusion only applies going forward. The claim form BOE-19-P is due within three years of the date of death or transfer, or before the property is transferred to a third party, whichever is earlier.

If we sell the house, does Prop 19 still matter?

The Prop 19 exclusion only helps an heir who keeps the house as a principal residence. If the family sells, the buyer's purchase sets a new assessed value. The county can still send a supplemental or corrected bill for the period between the date of death and the sale, so ask the Assessor-Recorder what to expect on your parcel. This is also separate from federal and state income tax on the sale. See our inherited house taxes page.

What if my sibling and I inherit the house and disagree?

Every owner has to agree before a normal sale. If heirs cannot agree, the options include one heir buying out the others, a negotiated sale, or a court process such as partition. Read our partition action guide, and talk to a California attorney before taking a position.

Will NorCal Home Offer buy a house that is in probate?

Possibly. Every house is reviewed case by case. We can make a written as-is cash offer and we pay closing costs, but we can only close once the person with legal authority to sell (the personal representative, or every heir if there is no probate) is able to sign. Once authority and title are in place, we can close in as little as 7 days. We are a home buyer, not a law firm, and we recommend you ask your attorney to review any contract.

Inherited a Shasta County house? Talk to Derek.

If the family wants one clear number, send the address. I will put the same written offer in front of everyone who has to sign, and we pay closing costs. Each house is reviewed case by case.

Inherited a house? Get a written cash offer.

Every owner who can legally sell has to sign. Each house is reviewed case by case.

Or call (530) 999-7694.

We buy single-family homes, mobile and manufactured homes only on land the seller owns (never in a park), rural homes on acreage and small ranches, and duplexes and small rentals. We do not buy vacant land. Every owner must sign. Learn about our mobile home on your land offers.

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Cities around Shasta and Tehama County

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Sources we checked (October 29, 2026)

BOE: Proposition 19 — parent-child exclusion, deadlines (BOE-266, BOE-261-G, BOE-19-P), and the "$1 million amount" figures.
BOE Prop 19 fact sheet (Publication 801) and BOE Letter to Assessors 2026/026.
Shasta County Assessor-Recorder Prop 19 handout and the BOE county contacts page.
Revenue and Taxation Code § 480 — change-in-ownership statement and penalties.
California Courts Self-Help Guide, simple transfer, small estate, and Judicial Council form DE-300 — small-estate limits and who may serve as personal representative.
Shasta County Superior Court Probate Division — address, hours, contact and the six-month simple estate timeline.
Probate Code § 8800, § 8902, § 9100, § 10800, § 10810, § 10503, § 10511, § 10585, § 10586, § 13100, § 13151, and § 13200.
Judicial Council form DE-165 — Notice of Proposed Action.

NorCal Home Offer is a home buyer, not a law firm or tax advisor. This page is general information, not legal or tax advice. Laws, dollar limits and forms change, and your situation may differ. Talk to a California probate attorney or tax professional before you sign or file anything. Last reviewed: October 29, 2026.