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Prop 19 and Your Family's Property Taxes

Before 2021, a child could inherit a California property and keep the parent's low Proposition 13 tax base. That is largely over.

Prop 19 narrowed the exclusion to a family home or family farm, and it now requires the inheriting child to actually live there as their own principal residence. Rentals no longer qualify at all.

What survived

  • A family home passing from parent to child, where the child moves in and keeps it as their principal residence
  • A family farm
  • An exclusion capped at the property's current taxable value plus $1,000,000, adjusted every two years

Value above that cap gets added to the base year value. So a very appreciated house is partially reassessed even when the exclusion applies.

What did not survive

Rental property. Second homes. The house you inherit and rent out because you already own somewhere else. All of it reassesses to market value, which in a family that has held a property since the 1980s can mean a tax bill several times what the parent was paying.

There is a filing deadline and people miss it

The exclusion claim generally has to be filed within three years of the transfer, or before the property is transferred to a third party, whichever comes first. It is not automatic. The assessor will not chase you for it.

The practical problem

Three siblings inherit the family house in Mar Vista. One wants to live there, two want to be bought out. Only the sibling who moves in can use the exclusion, and structuring the buyout so the exclusion survives is genuinely technical.

Get that wrong and the property reassesses, which frequently makes the whole arrangement unaffordable for the sibling who stayed.

“This is the single most common expensive surprise I see in trust administrations now. The trust worked exactly as intended. Nobody thought about the property tax until the new bill arrived.”

Delia Vasquez-Hart

If you are over 55 and moving

There is a piece of Prop 19 that helps. Homeowners 55 and older can transfer their base year value to a replacement principal residence anywhere in California, up to three times, within two years of the sale. That is more generous than the old rule, which was once and usually within the same county.

Questions we get asked

Does putting the house in a trust trigger reassessment?

No. Transferring your own property into your own revocable trust is not a change in ownership for property tax purposes.

What if I move in later?

The requirement is tied to the transfer, and timing matters. Do not assume you can move in at leisure and claim it afterward.

Can we plan around this before a parent dies?

Sometimes, and the options narrow considerably after death. That is the argument for having the conversation early.

Does this affect a spouse?

Transfers between spouses are treated differently and are generally not a change in ownership.

Start here

Pull up the property on the Los Angeles County Assessor's site and look at the current assessed value against what the house would actually sell for. The gap between those two numbers is what is at stake.

Not sure what you actually need?Forty-five minutes with the attorney, no charge. Some people leave being told they do not need a trust yet.

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Prop 19 and Inherited Property in California | Redwood Estate Law
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Prop 19 gutted the parent-child exclusion. If you inherit the family home and don't move in, expect reassessment to market value. Here are the rules.
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Prop 19 and Your Family's Property Taxes
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Prop 19 and the House You Are InheritingThe Parent-Child Exclusion After Prop 19Why Rental Property No Longer QualifiesMoving After 55 and Keeping Your Tax BaseProp 19 Planning While Your Parents Are Still Alive
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