Selling an Inherited or Probate House in Shasta & Tehama County

Step one

First, Figure Out How the House Was Owned

This one question decides who can sign, whether a court gets involved, and how soon you can sell. Before you call anyone, pull a copy of the most recent deed.

If there's a living trust

If your parent put the house in a living trust, the successor trustee named in the trust can usually sell it without going through probate court. The trustee follows the trust's instructions and splits the proceeds the way the trust says. This is usually the fastest path.

If the house was in your parent's name only

With no trust and no co-owner, the house usually has to go through probate or, if it qualifies, a simpler court process. Since April 1, 2025, many primary homes worth up to $750,000 can use a shorter petition instead of full probate (more on that below).

Joint tenancy, community property with right of survivorship, or a transfer-on-death deed

If the deed shows joint tenancy or community property with right of survivorship, the surviving owner generally takes the house automatically. A transfer-on-death deed passes it to the named beneficiary. These usually skip probate, but the title company will still need paperwork, such as a death certificate, before a sale can close.

Inherited through a transfer on death deed? Read this first.

How to check: get the deed from the county recorder

• Shasta County: Shasta County Assessor-Recorder, 1450 Court Street, Suite 208, Redding, CA 96001 (shastacounty.gov/recorder).
• Tehama County: Tehama County Clerk-Recorder, 633 Washington Street, Room 11, Red Bluff, CA 96080 (tehama.gov).

Probate, step by step

How Probate Works in Shasta and Tehama County

Where probate is filed

Probate is filed in the superior court of the county where the person lived. If they lived outside California but owned a house here, it's filed in the county where the property is.

The steps, in order

1. File the petition. Someone files a Petition for Probate (form DE-111). The statewide filing fee is $435 in both counties. Family members get notice of the hearing, and a notice is published in a local newspaper.
2. The judge appoints a personal representative, and the court issues Letters. If there's a will and the named executor serves, the court issues Letters Testamentary. If there's no will, the court appoints an administrator and issues Letters of Administration. (If there's a will but the named executor can't serve, it's Letters of Administration with Will Annexed.) The appointment isn't effective until Letters are issued.
3. Notify creditors. Creditors generally have until the later of four months after Letters are first issued or 60 days after they're mailed notice to file a claim.
4. Inventory and appraisal. The personal representative lists the estate's assets (form DE-160), and a court-appointed probate referee usually values the house and other non-cash assets.
5. Sell the house, if needed. This can happen during probate (see the next section).
6. Close the estate. The personal representative files a final report and asks the court to approve distribution to the heirs.

How long it really takes

The California courts' self-help guide says formal probate "typically takes 9 to 18 months and can sometimes take even longer." The Shasta County Superior Court's own page says that in a simple estate where property doesn't need to be sold, probate "can be completed in six months or less," and that complicated estates, or heirs who can't work together, can take much longer. Your probate attorney can estimate your timeline from the local court calendar.

What probate costs

Besides the $435 filing fee, expect newspaper publication, probate referee, and other administration costs. California law also sets the "ordinary" fees for the executor or administrator and, separately, for their attorney, each based on the estate's value:

Selling during probate

Can You Sell a House During Probate? Yes. Here's How.

Once Letters are issued, the executor or administrator can sell the house. How the sale works depends on the kind of authority the court granted under California's Independent Administration of Estates Act.

Full authority: Notice of Proposed Action, no court hearing

With full authority, the executor can sell real estate without court confirmation. Before closing, the heirs and other interested people must get a written Notice of Proposed Action at least 15 days before the sale date. If nobody objects, the sale closes like a normal sale, with no court hearing, no court-approved price floor, and no courtroom bidding. If someone does object in writing, the sale has to go through court confirmation instead.

Limited authority: court confirmation and possible overbidding

With limited authority, the executor can't sell real estate on their own. The sale goes to a confirmation hearing, and at that hearing other buyers can overbid. A qualifying overbid must be at least 10% more on the first $10,000 of the original price plus 5% more on the rest.

What that means for timing and choosing a buyer

A full-authority sale can close soon after the 15-day notice period. A court-confirmed sale waits for a hearing date and may be overbid, so you want a buyer who understands that and won't walk away. We're comfortable with both.

Can you sign a contract before Letters are issued?

No. Under California law, nobody has power to act for the estate until the court issues Letters, even the executor named in the will. The named executor can pay funeral expenses and take necessary steps to protect the property. Things you can do early:

• Lock up and secure the house, and keep the insurance and utilities on.
• Pull the deed and gather mortgage, tax, and insurance statements.
• Get a no-obligation idea of what the house is worth, as-is.
• Sort and photograph belongings, but ask your attorney before giving anything away.

Skipping probate

Simpler California Options That Skip Full Probate

California has shortcuts for smaller estates. The dollar limits are adjusted every three years. The current figures apply to deaths on or after April 1, 2025, and the next scheduled update is April 1, 2028. The official list is Judicial Council form DE-300.

Primary-residence petition: homes up to $750,000

If the person died on or after April 1, 2025, and their primary home in California has a gross value of $750,000 or less, the heir can file a Petition to Determine Succession (form DE-310) once 40 days have passed since the death. The court issues an order transferring the house, without full probate. The filing fee is also $435. This came from Assembly Bill 2016.

Small-estate affidavit: up to $208,850

If the person's California real and personal property (not counting certain property such as a home handled through the petition above, property in a trust, or property that passes directly to a co-owner or beneficiary) has a gross value of $208,850 or less, heirs can collect personal property with a sworn affidavit after 40 days, without opening probate.

Real property of small value: up to $69,625

If all the California real estate in the estate is worth $69,625 or less, heirs can use an Affidavit re: Real Property of Small Value (form DE-305).

Spousal or domestic partner property petition

When a surviving spouse or registered domestic partner is entitled to the property, they can file a Spousal or Domestic Partner Property Petition (form DE-221), which is faster and simpler than probate.

An attorney can tell you quickly which of these fits your family.

Taxes

Taxes You Should Know About Before You Decide

Property tax: Proposition 19

Under Proposition 19, a parent's lower taxable value can transfer to a child only if the home was the parent's principal residence and becomes the child's principal residence. The child must file for the homeowners' exemption within one year of the death, and file the parent-child exclusion claim (form BOE-19-P) within three years or before the house is sold to someone else, whichever comes first. For transfers from February 16, 2025, through February 15, 2027, the exclusion covers the factored base-year value plus $1,044,586. Anything above that is added to the taxable value.

If no eligible child moves in, the exclusion doesn't apply. The county reassesses the house to market value as of the date of death, which can mean a much bigger tax bill. That's one reason many heirs decide to sell. See the Board of Equalization Prop 19 page, or call the Shasta or Tehama County Assessor.

Capital gains: the "step-up" in basis

Under federal tax law, heirs generally take a tax basis equal to the house's fair market value on the date of death. If you sell soon after for about that value, the taxable gain is often small. Everyone's situation is different, so ask a CPA or tax preparer before you sell.

Full guide: taxes when you sell an inherited house in California, including capital gains, the step-up in basis, and Prop 19, with the IRS, Franchise Tax Board, and Board of Equalization sources.

Holding costs add up

While you decide, the estate keeps paying property taxes, insurance (vacant homes often need a different policy), utilities, and upkeep. Read the hidden costs of holding an inherited Shasta County property before you settle on a plan.

Family situations

When Heirs Disagree, or Someone Is Living in the House

Do all heirs have to agree?

Not always. In probate, the executor or administrator has the power to sell, but heirs get notice and can object, which sends the sale to court. With a trust, the successor trustee usually decides under the trust's terms. If siblings who inherited the house directly as co-owners can't agree, California law allows a co-owner to file a partition case asking a court to divide or sell the property. That's expensive and slow, so treat it as a last resort and talk to an attorney first.

Heirs can't agree? Read about partition actions.

A sibling or relative is living there

This is common, and it's a legal question before it's a real estate question. The answer depends on who holds authority (executor, trustee, or co-owners) and on the relative's arrangement. Get an attorney's advice before you ask anyone to leave. When a sale does happen, we can often be flexible on move-out timing.

Out-of-state heirs

You don't have to fly back to Redding or Red Bluff to sell. Escrow can send documents electronically or by mail, and a mobile notary can come to you. I can walk through the house, handle the clean-out, and send you photos and video.

How we work

How NorCal Home Offer Handles Inherited and Probate Houses

We work alongside your attorney, trustee, or executor

We're not a law firm and we don't replace one. We fit our paperwork and timing around your attorney's process, whether that's a trust sale, a Notice of Proposed Action, or a court confirmation hearing.

We buy as-is. Leave the furniture.

Take what matters to your family and leave the rest. We handle the clean-out, the old appliances, and the full garage.

Flexible closing

Once you have authority to sign, we can close quickly, or we can wait on the court's calendar. We close through a local title company, so a neutral third party handles the money.

No commissions, and we pay both sides' closing costs

There's no agent commission, and we pay both the buyer's and the seller's closing costs. See how we buy houses for the full process, or learn about Derek and our team.

Local and accountable

We're rated A+ by the BBB, and our office is at 940 Merchant St in Redding. When you call (530) 999-7694, you talk to me directly. Not sure who to trust? Here's how to spot a fake house buyer.

Sources We Checked (September 28, 2026)

• Judicial Council form DE-300 (Rev. April 28, 2025): small-estate, $750,000 residence, and real-property-of-small-value limits
• California Courts Self-Help Guide: transferring property without formal probate
• California Courts Self-Help Guide: overview of formal probate (timeline, $435 fee, inventory)
• Statewide Civil Fee Schedule, effective January 1, 2026
• California Probate Code §13151 (primary-residence petition)
• Probate Code §8400 (no authority until Letters issue)
• Probate Code §9100 (creditor claim period)
• Probate Code §10586 (15-day Notice of Proposed Action)
• Probate Code §10311 (overbids at confirmation)
• Probate Code §§10800 and 10810 (statutory executor and attorney fees)
• California State Board of Equalization: Proposition 19
• Superior Court of California, County of Shasta: Probate Division
• Superior Court of California, County of Tehama: civil, family, and probate calendars

Not legal or tax advice. This page is general information, not legal or tax advice. Probate rules, dollar limits, and deadlines change, and every estate is different. Talk with a California probate attorney and a tax professional about your situation. NorCal Home Offer is a home buyer, not a law firm.