California Real Estate Education

Your Resource Center
for Confident Decisions

Expert guides on Prop 19, probate sales, income property investing, and 1031 exchanges — written for Southern California homeowners, investors, and families.

Explore the Guides

What Is Your Situation?

Choose the path that applies to you — each guide is tailored to your specific needs.

🏡

Inheriting a Home

Understand property tax rules and whether you qualify for a Prop 19 exclusion.

Prop 19 Guide
🧓

Senior Moving Homes (55+)

Transfer your property tax base to a new home anywhere in California.

Prop 19 Guide
🏢

Buying Investment Property

Learn cap rates, cash flow analysis, and how to evaluate rental properties.

Income Property Guide
⚖️

Settling an Estate

Navigate court-supervised probate property sales with confidence.

Probate Guide
🔄

Selling a Rental Property

Defer capital gains taxes by reinvesting through a 1031 exchange.

1031 Exchange Guide
📋

Filing County Forms

Find your county assessor's office, forms, and deadlines across Southern California.

County Resources
Four Core Guides

California Real Estate Knowledge Hub

Authoritative resources built on California law, county assessor requirements, and real estate best practices. Each guide follows a 3-layer approach: quick overview, your path, and deep detail.

01
Property Tax Law

Proposition 19 Guide

Understand how Prop 19 changed inheritance and transfer rules for California homeowners — and how to protect your tax base.

For: Homeowners, heirs, seniors moving homes, disaster victims
Read the Guide
02
Investment Real Estate

Income Property Guide

Everything investors need to know about buying, analyzing, managing, and selling income-producing properties in Southern California.

For: First-time investors, experienced landlords, sellers considering a 1031
Read the Guide
03
Estate Law — California Probate Code

Probate Sale Guide

A complete walkthrough of California's court-supervised probate sale process — for executors, heirs, and buyers interested in probate property.

For: Executors, heirs and beneficiaries, probate property buyers
Read the Guide
04
Tax Strategy — IRC Section 1031

1031 Exchange Guide

Defer capital gains taxes when selling investment property by reinvesting into like-kind property under Internal Revenue Code Section 1031.

For: Real estate investors, landlords, commercial property owners
Read the Guide
Guide 01 — Property Tax Law

Proposition 19 Complete Guide

Passed in 2020 and implemented in February 2021, Prop 19 fundamentally changed how California handles property tax reassessment for inherited homes and senior transfers.

⬥ Key Takeaways

  • Inherited homes are now reassessed unless the heir uses it as their primary residence
  • The $1M exclusion cap limits how much tax protection heirs can claim
  • Seniors 55+ can transfer their tax base to any home in California, up to three times
  • Claims must be filed with your county assessor — not through escrow
  • Deadlines are strict — missing them triggers full reassessment

Who Prop 19 Affects

Prop 19 impacts three primary groups: families transferring property between generations, seniors moving to a new primary residence, and homeowners who lost their property in a wildfire or natural disaster.

Families Inheriting Property

  • Tax reassessment rules
  • Primary residence requirements
  • $1M exclusion explained
  • What happens if you rent it out

Seniors (55+) Moving

  • Tax base transfer anywhere in CA
  • Use the benefit up to 3 times
  • Applies to downsize or upgrade
  • Works on primary residence only

Wildfire / Disaster Victims

  • Replace destroyed home with tax base intact
  • One-time use benefit
  • Must buy replacement within 2 years

The $1 Million Exclusion Rule

When a child inherits a home worth more than $1M above the parent's assessed value, only the first $1M is excluded. The remainder is reassessed at current market rates. This is one of the most misunderstood rules in Prop 19.

Step-by-Step Filing Process

  • Property transfer or deed change occurs
  • File a Homeowners' Exemption (BOE-266) within 30 days
  • File the Prop 19 exclusion claim (BOE-19-P for parent-child, BOE-19-B for base-year transfer)
  • County assessor reviews your claim
  • Tax base is adjusted — or reassessment letter is issued if ineligible

Common Mistakes That Trigger Reassessment

  • Renting out the inherited property — immediately triggers reassessment
  • Missing the filing deadline with the county assessor
  • Confusing the $1M exclusion as covering all properties regardless of value
  • Assuming the exclusion is automatic — it is NOT, you must file
  • Allowing siblings who don't occupy the home to claim the exclusion
◆ Prop 19 Eligibility Check
Did you inherit the property?
YES — Possible exclusion
NO — Consider Prop 19 base transfer
Will you live in it as your primary residence?
YES → File claim with county assessor
NO → Full reassessment at market value
Is home value within $1M of parent's assessed value?
YES → Full tax base protection
NO → Partial reassessment on excess
◆ Tax Reassessment Impact

Inherited home — $1.5M market value / $300K parent's assessed value

Old Tax Base
$3,000
Annual property tax
(Parent's rate)
After Reassessment
$18,750
Annual property tax
(1.25% of market)

Filing correctly can preserve the $3,000 base rate.

◆ Prop 19 Filing Timeline
Day 0
Property transfer / deed change occurs
Within 30 Days
File Homeowners' Exemption (BOE-266)
Within 1 Year
File Prop 19 exclusion claim (BOE-19-P or BOE-19-B)
County Review
County assessor reviews and approves or denies
Outcome
Tax base adjusted — or reassessment applied
Guide 02 — Investment Real Estate

Income Property Investor Guide

From first-time rental owners to experienced portfolio builders — understand how to evaluate, acquire, manage, and exit California income-producing real estate.

⬥ Key Takeaways

  • Cap rate = Net Operating Income ÷ Purchase Price
  • Vacancy rate and expense ratio are critical to cash flow
  • California landlord-tenant laws are strongly tenant-protective — know them before you buy
  • Depreciation is a powerful tax benefit for rental property owners
  • A 1031 exchange lets you exit and upgrade without paying capital gains tax

Types of Income Property

  • Single-family rentals — easiest to finance, easiest to sell
  • Duplex / multi-family (2–4 units) — residential financing, multiple income streams
  • 5+ unit apartment buildings — commercial financing, higher yield potential
  • Short-term rentals (Airbnb, VRBO) — higher gross income, local regulation risk
  • Mixed-use property — commercial + residential, complex but rewarding

Who This Guide Is For

First-Time Investors

  • How rental income works
  • Financing basics (DSCR loans, conventional)
  • Property management options

Portfolio Builders

  • Value-add acquisition strategies
  • Cap rate vs. cash-on-cash return
  • Using equity to scale

Owners Considering Selling

  • Capital gains tax implications
  • 1031 exchange eligibility
  • Market timing strategies

Buying Income Property — Step by Step

  • Define your investment criteria (location, property type, budget)
  • Get pre-approved for investment financing
  • Analyze deals using NOI, cap rate, and cash-on-cash return
  • Conduct property inspection and review rent rolls
  • Open escrow and complete due diligence
  • Close and transfer title

California Landlord Considerations

  • AB 1482 rent control applies to many multi-family properties
  • Tenant eviction protections are extensive — plan before buying
  • Security deposit limits and habitability standards are strictly enforced
  • Local rent control (Los Angeles, Riverside, etc.) may add restrictions
◆ Cap Rate Formula
Net Operating Income (NOI)
÷
Purchase Price
= Cap Rate

Example: $60,000 NOI ÷ $1,000,000 = 6% cap rate

◆ How NOI Is Calculated
Gross Rental Income
Vacancy Loss
Operating Expenses
= Net Operating Income
◆ Investment Acquisition Funnel
Step 1
Market Research
Step 2
Financial Analysis
Step 3
Due Diligence
Step 4
Offer & Negotiation
Step 5
Closing
Guide 03 — California Probate Code

Probate Sale Complete Guide

When a California property owner passes without a trust, the estate typically enters probate — a court-supervised process that governs how the property is sold or distributed.

⬥ Key Takeaways

  • Probate is required when property is not held in a trust or joint tenancy
  • The court must confirm most probate sales — a process that includes overbidding
  • California probate typically takes 9–18+ months
  • Buyers can finance probate property — it is not cash-only
  • The minimum overbid is calculated as: Accepted Offer × 1.10 + $500

When Probate Is Required

  • Decedent owned property in their name alone (no trust, no joint tenancy)
  • Estate value exceeds $184,500 (California 2024 threshold)
  • There are creditors' claims or disputes among heirs
  • No valid beneficiary designation was made

Who This Guide Is For

Executors & Administrators

  • Your legal responsibilities
  • Listing and selling the property
  • Court confirmation requirements

Heirs & Beneficiaries

  • What to expect from the process
  • Distribution timeline
  • Prop 19 implications

Property Buyers

  • How probate bidding works
  • Court confirmation overbid process
  • Deposit requirements

Court Overbidding Explained

California probate sales include a court confirmation hearing where outside buyers can overbid the accepted offer. The minimum overbid formula is:

Accepted Offer × 110%
+
$500
= Minimum Overbid Amount

At the hearing, buyers must appear with a cashier's check for 10% of their overbid amount. The highest bidder wins.

Common Probate Challenges

  • Multiple heirs with conflicting interests about sale timing or price
  • Property sold in as-is condition — limited disclosures
  • Court scheduling delays can extend the timeline 3–6 months
  • Creditors' claims must be satisfied before heirs receive distributions
  • If the estate owes back taxes, these must be resolved at closing
◆ California Probate Sale Timeline
Month 1
Death — Probate petition filed with the court
Month 2–3
Executor appointed; estate assets inventoried
Month 3–5
Property listed for sale; marketing period
Month 5–6
Offer accepted; petition for court confirmation filed
Month 6–8
Court confirmation hearing — overbidding process
Month 8–9+
Escrow closes; proceeds distributed to heirs
◆ Court Confirmation Process
Step 1
Offer Accepted by Estate
Step 2
Court Hearing Scheduled (30–45 days)
Step 3
Overbidders Appear with Cashier's Check
Step 4
Judge Confirms Highest Bid
Step 5
Escrow Opens — 30–45 Day Close
Guide 04 — Internal Revenue Code Section 1031

1031 Exchange Complete Guide

A 1031 exchange allows real estate investors to sell an investment property and defer capital gains taxes by reinvesting the proceeds into another like-kind property — one of the most powerful tax strategies available.

⬥ Key Takeaways

  • You have 45 days from closing to identify replacement properties
  • You have 180 days from closing to complete the purchase
  • A qualified intermediary (QI) must hold your proceeds — you cannot touch the money
  • The replacement property must be of equal or greater value
  • California recognizes 1031 exchanges but has its own claw-back rules

Who Should Consider a 1031 Exchange

Investors Upgrading

  • Trading a smaller rental for larger property
  • Consolidating multiple properties into one
  • Relocating investment to new market

Landlords Exiting

  • Avoid immediate capital gains tax
  • Exchange into low-maintenance property
  • Delaware Statutory Trusts (DST) as passive option

Commercial Owners

  • Large gain deferral opportunities
  • Reinvest into residential or commercial
  • Diversify property type or geography

The 5 Types of 1031 Exchanges

  • Delayed Exchange — most common; sell first, then identify and buy replacement
  • Reverse Exchange — buy the replacement first, then sell your current property
  • Improvement Exchange — use exchange proceeds to renovate the replacement property
  • Simultaneous Exchange — both properties close on the same day
  • Personal Property Exchange — limited applicability post-2017 Tax Cuts and Jobs Act

Common Mistakes That Disqualify a 1031

  • Missing the 45-day identification deadline — there are no extensions
  • Receiving funds directly ("constructive receipt") immediately triggers taxes
  • Identifying more than 3 properties without meeting the 200% or 95% rules
  • Moving into the exchange property as your primary residence too quickly
  • Failing to use a licensed qualified intermediary
◆ 1031 Exchange Critical Deadlines
Day 0
Relinquished property closes — clock starts
Day 45
⚠ Identification Deadline — must identify replacement property in writing
Days 46–180
Due diligence, escrow, and financing on replacement property
Day 180
⚠ Exchange Deadline — replacement property must close
◆ 1031 Exchange Process Flow
Step 1
Sell Investment Property
Step 2
Proceeds Held by Qualified Intermediary
Step 3 (by Day 45)
Identify Replacement Property in Writing
Step 4 (by Day 180)
Close on Replacement Property
Result
Capital Gains Tax Deferred
Southern California County Resources

County Assessor Offices & Forms

Property tax programs, Prop 19 filings, and exemption claims are administered at the county level. Select your county below to find contact information, key forms, and filing guidance.

📍 Office Information

Los Angeles County Assessor

500 W Temple St
Los Angeles, CA 90012

📞 (213) 974-3211

assessor.lacounty.gov →

🏠 Key Programs

  • Homeowners' Exemption ($7,000 assessed value reduction)
  • Prop 19 parent-child transfer exclusion
  • Senior base-year value transfer (55+)
  • Disabled homeowner exemption
  • Disaster relief reassessment reduction

📋 Statewide Forms

FormPurpose
BOE-266Homeowners' Exemption
BOE-19-PProp 19 Parent-Child Exclusion
BOE-19-BBase Year Value Transfer (55+)
BOE-19-GGrandparent-Grandchild Exclusion

Forms submitted to LA County Assessor office. Deadline: within 1 year of transfer.

📍 Office Information

Orange County Assessor

630 N Broadway
Santa Ana, CA 92701

📞 (714) 834-2727

ocassessor.gov →

🏠 Key Programs

  • Homeowners' Exemption — full exemption by Feb 15
  • Prop 19 transfer claims
  • Supplemental assessment after ownership change
  • New construction reassessment
Assessed Value
$250,000
Less Exemption
−$7,000

📋 Filing Deadlines

  • Homeowners' Exemption: February 15 for full exemption
  • Late filing: prorated exemption still available
  • Prop 19 exclusion: within 1 year of transfer
  • Supplemental assessment: 60 days to appeal

📍 Office Information

Riverside County Assessor-County Clerk-Recorder

2720 Gateway Drive
Riverside, CA 92507

📞 (951) 955-6200
Toll-free: (800) 746-1544

assessor.riversideca.gov →

🏠 Key Programs

  • Homeowners' Exemption — free to file, stays active while owner occupies
  • Prop 19 parent-child and senior transfer claims
  • Disabled veterans' exemption
  • Property ownership records and deed searches

📋 Important Notes

  • Once approved, Homeowners' Exemption renews automatically each year
  • File Prop 19 claims separately from escrow — assessor does not receive automatic notice
  • Supplemental assessments issued within 12 months of ownership change

📍 Office Information

San Bernardino County Assessor-Recorder-Clerk

222 W Hospitality Lane
San Bernardino, CA 92415

📞 (909) 387-8307

arc.sbcounty.gov →

🏠 Key Programs

  • Homeowners' Exemption ($7,000 assessed value reduction)
  • Prop 19 parent-child and grandparent-grandchild exclusions
  • Senior base-year value transfer
  • Calamity reassessment relief

⚠ Critical Prop 19 Note

When claiming a Prop 19 parent-child or grandparent transfer exclusion in San Bernardino County, you must also file a Homeowners' Exemption claim within 1 year of the transfer.

Many property owners miss this step — resulting in a denied exclusion and full reassessment at market value.

📍 Office Information

San Diego County Assessor/Recorder/County Clerk

1600 Pacific Highway
San Diego, CA 92101

📞 (619) 236-3771

sandiegocounty.gov/assessor →

🏠 Key Programs

  • Property valuation and assessment appeals
  • Homeowners' Exemption
  • Prop 19 exclusion claims
  • Property tax savings programs
  • Ownership records and title research

📋 Filing Process

Property Transfer Occurs
File Exemption Claims with SD Assessor
Assessor Review (4–8 weeks)
Tax Base Adjusted
Frequently Asked Questions

Common Questions Answered

The most frequently asked questions across all four guide topics, answered plainly.

Proposition 19

Can siblings share the Prop 19 exclusion?
No. The Prop 19 exclusion only applies to the heir who actually moves into the property as their primary residence. If multiple siblings inherit a home and only one moves in, only that sibling's share may be excluded from reassessment.
What if I rent out the inherited property?
Renting the inherited property — even temporarily — triggers full reassessment at current market value. The property must be used as the heir's primary residence to maintain any tax exclusion under Prop 19.
Does Prop 19 apply to property held in a trust?
Yes, Prop 19 applies to property held in a revocable living trust. When the property passes to a beneficiary, the Prop 19 rules apply. The exclusion is still available if the beneficiary occupies it as their primary residence within one year.

Probate & 1031 Exchange

How long does probate take in California?
California probate typically takes 9 to 18 months for a straightforward estate. Complex estates — those with multiple heirs, creditor disputes, or contested wills — can take 2 to 3 years. Properties with a living trust bypass probate entirely.
Can probate property be financed with a mortgage?
Yes. Buyers can obtain conventional mortgage financing for probate properties. However, the court confirmation timeline means escrow typically runs 45–60 days rather than the standard 30 days, so lenders should be made aware upfront.
Can I exchange into multiple properties in a 1031?
Yes. You can identify up to three replacement properties using the "3-property rule," or more properties under the "200% rule" (total fair market value must not exceed 200% of the sold property) or the "95% rule."
Can I eventually move into a 1031 exchange property?
Yes, but you must first use it as a rental for at least 24 months, and there are strict rules about the conversion to primary residence. IRS Rev. Proc. 2008-16 provides a safe harbor. Consult a CPA before converting.
Expert Guidance

Have Questions About Your Situation?

Every real estate scenario is unique. Laura & Kevin Fox bring deep expertise in Southern California market conditions, Prop 19 strategy, probate transactions, and 1031 exchange coordination.

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