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Selling a Home After a Spouse Dies in California

By Matthew Martinez, Founder, CEO & Managing Broker, Diamond Real Estate Group. California DRE #01869679.

In California, a surviving spouse can usually sell the home without a full probate. The paperwork depends on how the two of you held title: joint tenancy and community property with right of survivorship are cleared by recording an affidavit of death, a living trust is handled by the successor trustee, and community property passing to you by will or by law can pass without administration under Probate Code section 13500, often confirmed by a spousal property petition. On the tax side, community property can receive a new cost basis on both halves, a sale within two years of the death can still use the $500,000 joint home-sale exclusion, and a transfer between spouses is not reassessed for property tax.

There is rarely a reason to decide quickly, and most of what follows can wait until you are ready to look at it. This guide sets out the order in which things usually happen, so you can see which steps are urgent, which can wait, and which questions belong with your estate attorney or tax adviser. It is written for California homeowners and reflects the law as of October 2026.

The first weeks: what actually needs attention

Very little about the house has to be settled right away. A few practical items do:

Certified death certificates. Order several. The county recorder, the title company, lenders and insurers will each want one.
Keep the bills current. Mortgage, property tax installments, insurance and utilities continue on their usual schedule. Tell the lender and the insurer about the death.
Find the deed and any trust. The vesting line on the most recent recorded deed, such as “as joint tenants” or “as community property with right of survivorship,” decides most of what follows. A copy is available from the county recorder.
If the house will be empty, ask the insurer how long it can stay vacant under the policy, and arrange for someone to check on it.

Everything else, including whether to sell at all, can wait until you have the title picture and the tax figures in front of you.

How title was held decides the paperwork

A title company will not insure a sale until the record shows that you, or a trustee, can convey the property. The route there depends on the vesting.

How title was held	What usually happens	Court involvement
Joint tenancy between spouses	Record an affidavit of death of joint tenant with a certified death certificate	None
Community property with right of survivorship	Record an affidavit of death of spouse with a certified death certificate	None
Community property, no survivorship language, passing to you by will or intestacy	Passes to you without administration under Probate Code 13500; title companies often ask for a spousal property order	Usually a spousal property petition, unless you elect probate
Separate property of your spouse left to you	Same spousal route if it passes to you outright; otherwise probate or another transfer method	Depends on the will and the value
Held in a living trust	The successor trustee, often you, records an affidavit of death of trustee and sells under the trust	Usually none
Your spouse’s share left to someone else	That share may need probate or a trust administration, and the other owner must join the sale	Often

Two homes with the same owners can sit in different columns, so read the deed for each property rather than assuming.

Recording an affidavit of death

For survivorship titles, the step is short. Probate Code section 210 allows any person to record, in the county where the property is located, an affidavit of death that describes the property and attaches a certified copy of the death record. Once it is recorded, the public record shows you as the sole owner, and you can list and sell like any other owner.

Each county recorder sets its own submission requirements and fees. Your title or escrow officer can prepare the affidavit or tell you exactly what the county needs. Doing this before you list avoids a delay in escrow.

Community property without survivorship: section 13500 and the spousal property petition

When community property passes to a surviving spouse, by the will or because there is no will, Probate Code section 13500 says no administration is necessary, subject to the rest of that chapter and to the surviving spouse’s right to elect probate administration instead. That is the rule. In practice, a buyer’s title insurer needs proof that the property did pass to you, and the usual proof is a court order on a spousal property petition.

Under Probate Code section 13650, the surviving spouse or the spouse’s personal representative, guardian or conservator files the petition in the superior court of the county where the estate would be administered. It asks the court to find that administration is not necessary because the property passes to the surviving spouse, and it can also confirm the spouse’s own half. This is a shorter proceeding than probate, but it is still a court filing, so an estate attorney usually handles it.

If your spouse’s share went to someone else, such as children from an earlier marriage, the spousal route covers only what passes to you. Our guide to selling a house in probate explains the process for the remainder.

When the house is in a living trust

Many California couples hold their home in a revocable trust. After the first death, the surviving spouse is usually the successor trustee, and the trust document, not the court, sets out what happens next. Some trusts keep everything in one trust for the survivor; others split into separate trusts at the first death, which can change who must sign and how the sale proceeds are held.

Our guide to selling a house held in a trust covers the certification of trust, the affidavit of death of trustee and the notices a trustee may owe to beneficiaries. Bring the trust to your attorney before you sign a listing agreement.

The double step-up in basis on community property

For federal income tax, inherited property generally takes a new basis equal to its fair market value at the date of death under Internal Revenue Code section 1014. Section 1014(b)(6) extends that to the surviving spouse’s half of community property, if at least half of the whole community interest was included in the deceased spouse’s gross estate. In plain terms, both halves of a community property home can be reset to date-of-death value, not just the half that belonged to the spouse who died.

A hypothetical, on our arithmetic: a couple bought a home for $300,000 that is worth $1,200,000 when one spouse dies. If it was community property and both halves step up, the survivor’s basis becomes $1,200,000, and a sale soon after at that price shows little or no gain. Section 1014(b)(6) applies only to community property, so if the home was held some other way, such as a joint tenancy treated as two separate halves, generally only the portion included in the deceased spouse’s estate takes the new basis.

The step-up depends on how the property is characterized, which the vesting alone may not settle. A written date-of-death valuation also matters, because it becomes the starting point for the gain. Our guide to date-of-death appraisals explains what the valuation should include.

The home sale exclusion: the two-year window

A married couple filing jointly can exclude up to $500,000 of gain on the sale of a main home, and a single filer up to $250,000. Section 121(b)(4) of the Internal Revenue Code lets a surviving spouse who has not remarried keep the $500,000 limit for a sale within two years after the date of death, if the couple met the ownership and use requirements immediately before the death.

After that window, the limit generally falls to $250,000. With the step-up, many surviving spouses have little gain left to exclude, but for a long-held home, or one that was not fully community property, the timing can matter. Our guide to capital gains on a California home sale covers the residence tests and California’s treatment.

Property tax: no reassessment between spouses

Revenue and Taxation Code section 63 excludes transfers between spouses from the definition of a change in ownership, including transfers that take effect on the death of a spouse. Your assessed value and Proposition 13 base stay the same if you keep the home. Proposition 19’s parent-child rules are a different matter and do not apply to a spouse.

Expect the county assessor to ask for a change in ownership statement reporting the death, and return it promptly. If you later sell and buy a replacement home, Proposition 19 may let a homeowner who is 55 or older transfer a base-year value; our Prop 19 base-year transfer guide explains who qualifies.

Deciding whether, and when, to sell

Some surviving spouses stay; some move closer to family; some rent the home for a time. A few points tend to shape the decision:

The two-year exclusion window is the main tax reason to time a sale, and it matters most where the gain exceeds $250,000 after the step-up.
Carrying costs on one income, including insurance, maintenance and property tax, often weigh more than the tax rules.
Renting changes the tax picture. A home converted to a rental may lose the main-home exclusion over time; ask your CPA before signing a lease.
A smaller home nearby can make sense; our North Bay downsizing guide walks through the steps.

If you decide to sell, the steps are much like any sale once title is cleared:

Clear title by recording the affidavit, obtaining the spousal property order, or confirming your authority as trustee.
Get a date-of-death valuation for your tax records, separate from the listing price analysis.
Decide what to fix. Many estate-related sales are priced as is, with disclosures and inspections up front.
Estimate your net proceeds, including any state withholding on the sale; see our guide to Form 593 withholding.
List, negotiate and close, keeping copies of the death certificate, recorded documents and valuation with your tax file.

Diamond may refer you to partners we work with, such as estate attorneys, appraisers or movers; you’re free to choose any provider.

Questions people ask

Do I need probate to sell my house after my spouse dies?

Usually not. Joint tenancy and community property with right of survivorship need only a recorded affidavit of death, a trust is handled by the trustee, and community property passing to you can pass without administration under Probate Code 13500, typically confirmed by a spousal property petition.

What is a spousal property petition?

It is a court petition under Probate Code section 13650 asking for an order that property passes to the surviving spouse without administration. Title companies often require the order before insuring a sale of community property that lacked survivorship wording.

Does community property get a full step-up in basis in California?

Generally yes. Under IRC section 1014(b)(6), the surviving spouse’s half of community property also takes a date-of-death basis, if at least half of the community interest was included in the deceased spouse’s gross estate.

Can I still use the $500,000 exclusion after my spouse dies?

Yes, if you sell within two years after the date of death, have not remarried, and the two of you met the ownership and use tests immediately before the death. After that, the limit is generally $250,000.

Will my property taxes go up when the house passes to me?

No. Revenue and Taxation Code section 63 excludes transfers between spouses, including on death, from reassessment, though you should expect the assessor to ask for a statement reporting the death.

How soon after a death can the house be sold?

Once title is cleared. With a survivorship title, that can be soon after the affidavit is recorded; a spousal property petition or a trust administration takes longer, so ask your attorney for a realistic timeline before you set a listing date.

When you are ready to talk it through, we can review the deed with you, coordinate with your attorney and CPA, and prepare a pricing analysis without any commitment to list. Start with a home valuation, read more about our probate and trust sale services, or return to the home-selling process overview.

This page explains California title, probate and tax rules in general terms only; it is not legal or tax advice, and your estate attorney and CPA should confirm how your home was held and how the basis and exclusion rules apply to you before you sell.

Sources & notes

Last reviewed October 2026 by Matthew Martinez.