Receiving an inheritance can bring both relief and uncertainty. Whether it’s real estate, cash, or investment accounts, inheriting assets often raises questions about taxes, paperwork, and long-term responsibilities. The situation can become even more complicated when property crosses state lines or when the estate includes income-generating assets.
California residents benefit from relatively straightforward rules regarding state-level inheritance taxes, but that doesn’t mean there are no financial implications to consider. Property tax reassessments, capital gains exposure, and federal estate tax rules can still apply—especially for larger estates or those involving real property. Understanding where these rules come into play can help you avoid surprises and make informed decisions about how to handle your inheritance or prepare one for others.
Key Takeaways
-
California doesn’t have an inheritance or estate tax.
But you might still owe taxes if the deceased lived in a state that does—or if the estate is large enough to trigger federal estate tax. -
Federal estate taxes can apply to high-value estates.
For 2025, the federal exemption is $13.99 million per person, but that may drop in 2026 if current laws expire. -
Inherited property often gets a “stepped-up” cost basis.
This can significantly reduce or eliminate capital gains taxes if the asset is sold soon after inheritance. -
Proposition 19 can raise your property taxes.
If you inherit a home but don’t use it as your primary residence, it may be reassessed at full market value. -
Planning ahead makes a big difference.
Gifting strategies, trusts, and charitable giving can help reduce estate taxes and preserve wealth for the next generation.
Does California Have an Inheritance Tax?
Currently, there is no inheritance tax in California, which means beneficiaries in the Golden State do not face a direct levy on the portion they receive. The same, however, cannot be said for several other states across the country.
States that do impose their own inheritance taxes include:1
- Kentucky
- Pennsylvania
- Maryland
- Nebraska
- New Jersey
Sometimes, you might receive an inheritance from someone who lived in a state that still has an inheritance tax. In that case, even though California doesn’t impose its own inheritance tax, you could still be responsible for filing paperwork and paying taxes in the other state, which could lower the total you end up receiving.
Estate Tax vs. Inheritance Tax: Key Differences
These two taxes are commonly confused—and understandably so. Both relate to the transfer of wealth after death, and both can have financial implications for heirs—but they operate in very different ways. Understanding how they’re applied can help you avoid confusion and prepare more effectively:
Estate Tax: This tax is levied on the overall value of an estate before any distributions are made to heirs. When an estate’s total worth exceeds a certain exemption threshold, a federal return must be filed, and the owed tax is paid from the estate’s funds. Beneficiaries typically don’t pay this directly, but their share might be reduced if taxes consume a large portion of the estate’s value.
Inheritance Tax: Unlike estate tax, inheritance tax is levied on the recipient of the assets. Each heir may owe a different amount based on the size of their inheritance and their relationship to the deceased. Some states apply reduced rates or exemptions for immediate family, while others tax unrelated heirs at higher rates.
California’s Position: While you may hear concern about estate tax in California, it’s important to know that California currently has neither a state-level estate tax nor an inheritance tax. However, federal estate tax laws still apply and can impact larger estates, particularly in areas with high real estate values.
Federal Estate Tax Applicability in California
Under current law, estates are only taxed federally if their value exceeds a certain exemption amount. When the estate’s value is over that line, the personal representative must file a return and pay any owed tax. While the exemption is high for now, it may drop in the near future, which means estates that currently fall below the threshold may eventually cross it.
For 2025, the federal exemption is $13.99 million per individual or $27.98 million for married couples.2 Anything above that level may be subject to federal estate taxes, which are applied to the estate itself—not each beneficiary—and can range from 18% to 40%.3 Gifts made during life also count toward this total and may reduce what’s left of your exemption at death.
If an estate’s value stays under that exemption, it is generally exempt from federal estate taxes, and no federal return is required. Still, it’s wise to tally assets carefully to avoid accidental filings or missed deadlines. In a high-value market like California, even one home or a solid investment portfolio can push an estate past the threshold.
Those with potentially taxable estates should consider various planning strategies before passing away. Once someone has passed, the ability to reduce the tax burden is limited. Planning early helps preserve more of your legacy for those you leave behind.
Please Note: The current exemption levels—set by the 2017 Tax Cuts and Jobs Act (TCJA)—are scheduled to sunset at the end of 2025. Without new legislation, the exemption could drop to about $7 million per individual (or $14 million for couples), adjusted for inflation. Congress may still act to revise or extend these provisions, so staying informed is key.4
Other Taxes and Property Considerations for Inheritors in California
While California doesn’t impose its own inheritance tax, receiving property after a loved one’s death can still carry financial implications. From stepped-up cost basis rules to property tax adjustments and income-generating assets, there’s a lot to navigate once you inherit property. Below is a breakdown of relevant tax and ownership issues California residents should know:
Capital Gains and Stepped-Up Basis
The stepped-up basis rule is a major tax benefit when inheriting assets. At the time of death, most property is revalued to its current market value. This means if you sell shortly afterward, your capital gains—if any—will be based on the difference between the sale price and this updated basis, not what the decedent originally paid. For highly appreciated assets like real estate, this can result in little or no capital gains tax if sold promptly.
Income-Producing Assets
Inheriting income-generating assets, such as rental property or dividend-paying investments, can increase your annual taxable income. Any money earned from these assets becomes part of your tax obligations once the inheritance is received. You might need to adjust your withholding or make estimated payments to prevent an unexpected tax bill.
Retirement Accounts and Spousal Options
The rules for inheriting retirement accounts vary based on your relationship to the deceased. A surviving spouse often has the ability to roll an IRA into their own, delaying taxes and simplifying management. Non-spouse heirs, however, usually have to withdraw the entire balance within 10 years—unless they qualify for an exception. (Exceptions apply for eligible designated beneficiaries, including minor children, chronically ill individuals, disabled individuals, or those within 10 years of the deceased’s age.) Depending on the retirement account type, these withdrawals can be taxed as regular income.
Debts, Liens, and Mortgage Considerations
Before deciding to keep inherited property, check for any mortgages, liens, or other debts tied to the asset. An existing home loan could require monthly payments you’re unprepared to take on. If you plan to sell, consider closing costs and potential capital gains. If you keep the property, refinancing terms might depend on your credit profile or income.
Decisions Around Holding vs. Selling
Whether to sell or hold an inherited home is a personal decision. You may want to keep it for sentimental reasons or future appreciation, or you may prefer to liquidate it for easier estate distribution. If the total estate value—including the property—exceeds federal limits, timing the sale or using strategic planning tools can reduce your future exposure to estate taxes.
Gift Tax and Early Transfers
Some people consider giving away assets before death to reduce estate size. While this strategy can help, it’s important to remember that gift tax applies to amounts above the federal annual exclusion (currently $19,000 per recipient in 2025).5 Large lifetime gifts count against your lifetime estate exemption (currently $13.99 million per individual in 2025), and the donor—not the recipient—is responsible for the tax.
Understanding Proposition 13 and Proposition 19
Two key laws govern property taxes in California: Proposition 13, which caps annual increases in assessed value, and Proposition 19, which modifies how property tax exclusions work when property is passed between family members.
Proposition 13 limits property taxes to 1% of assessed value and restricts annual increases to no more than 2% unless the property changes ownership.6 However, when you inherit property, it may trigger a reassessment unless specific exclusions apply.7
Proposition 19 narrowed these exclusions. For example, if you inherit a family home but don’t use it as your primary residence, the property may be reassessed at full market value—potentially resulting in a significant increase in your annual property taxes.8
Special Situations for California Residents
Inheritances from foreign relatives can involve extra layers of paperwork. Some countries impose their own inheritance or estate taxes, and you may also need to report the assets to US tax authorities. Tax treaties may help reduce overlapping obligations, but advanced preparation can save time and confusion regarding documentation.
If you receive business interests or properties in different states, be aware that each state could require separate filings. Deadlines, reporting rules, and valuation methods vary—especially when dealing with intangible assets or family-owned businesses. Delays often stem from overlooking these regional differences.
Finally, if a business forms a major part of an estate and the estate exceeds the federal exemption, federal estate taxes may apply. Business owners sometimes prepare for this by setting up specialized trusts or purchasing life insurance to provide liquidity. These strategies help preserve the business without forcing a sale just to cover taxes.
Frequently Asked Questions (FAQs)
Inheritance and estate questions tend to arise at moments when clarity matters most. It’s common to feel unsure about what applies, what needs to be reported, or how to approach newly acquired assets.
1. Do I owe taxes if I inherit property from someone who lived in another state?
If you receive an inheritance from someone who lived in a state that imposes an inheritance tax, you may still be liable for that state’s inheritance tax, even if you reside in California.
Each state has its own rules, thresholds, and tax rates, so it’s important to understand the specific laws in the decedent’s state.
2. What happens if my inherited assets push me over the federal estate tax threshold?
If the total value of what you own—plus what you inherit—exceeds the federal estate tax exemption, the estate, not you personally, may owe taxes. The IRS assesses this tax before the assets are passed on, which means beneficiaries typically receive what’s left after the estate has paid any amount due.
That said, if your inherited assets push your total wealth above the threshold, it’s a sign you should review your estate plan. Inheriting from a deceased spouse often comes with special considerations, such as the ability to use their unused exemption (known as portability), which can help reduce future tax exposure on your own estate.
3. Can I disclaim an inheritance in California?
Yes, you can legally disclaim an inheritance if you choose not to accept it. People do this for various reasons—maybe the asset comes with debts or management burdens, or perhaps you simply want it to pass directly to someone else, such as a child or sibling. Disclaiming can also be part of a thoughtful estate planning strategy, particularly when trying to reduce future tax exposure or keep assets within a particular branch of the family.
To properly disclaim an inheritance in California, you’ll need to follow specific legal steps. The disclaimer must be in writing, signed, and provided to the estate’s probate court (copies should also be delivered to the estate’s executor or administrator). It must be made within nine months of the original owner’s death and before accepting any benefit or control over the asset to remain valid.9 When done correctly, the disclaimed asset is treated as if you had died before receiving it, and it will pass to the next eligible beneficiary.
4. What should I do right after inheriting property?
Start by collecting all records tied to the inherited property—such as the deed, mortgage statements, tax bills, and any paperwork that verifies ownership or title. It’s also important to check whether the property is held in a trust, was passed through probate, or transferred via joint tenancy.
Next, determine if the property will be reassessed under Proposition 19 or if you qualify for an exclusion that keeps the property tax basis low. If you’re considering keeping the property, assess whether any loans or liens are attached and whether you can take on those obligations.
5. What Strategies Can I Use to Minimize Estate Taxes?
If your estate—or the assets you plan to pass on—could be subject to estate taxes, smart planning now can help reduce the tax burden later. Taking action in advance can make it easier to preserve more of your wealth for the next generation:
Use Your Annual and Lifetime Gift Exclusions: You can give up to the annual gift exclusion amount each year (currently $19,000 per recipient in 2025) without it counting against your lifetime exemption. Gifts above that amount apply to your lifetime exclusion (currently $13.99 million per individual in 2025). Making strategic gifts during your lifetime can lower your taxable estate. Just be aware that larger gifts may affect your federal gift tax reporting requirements.
Leverage Irrevocable Trusts: Irrevocable trusts remove designated assets from your taxable estate, which can significantly reduce the amount subject to estate taxes. Once placed in the trust, these assets are no longer considered part of your ownership and are instead controlled by the trust according to the terms you set. This approach is especially helpful for individuals with appreciating assets or life insurance policies they don’t want included in their estate value.
Incorporate Charitable Giving: Supporting a charity can shrink your taxable estate and let you support meaningful causes simultaneously. Donations can be made outright during your lifetime or structured through tools like donor-advised funds, charitable remainder trusts, or private foundations, depending on your financial picture. Grouping contributions into a single year can also help maximize potential income tax deductions.
Please Note: These are just some of the options available to you. You can explore more estate tax planning options in our full article on how to handle estate taxes in California.
We Can Help You Further
California does not impose its own inheritance or estate tax, simplifying things at the state level. However, inheriting property, investments, or other valuable assets can still involve complex tax and legal considerations. Federal estate tax laws, capital gains on appreciated property, and state-specific filing requirements can affect the total value received. These factors are particularly relevant when assets come from out-of-state or include income-generating properties.
Some estates hold a combination of real estate, retirement accounts, and business interests that require careful handling. These types of inheritances may introduce unexpected paperwork, reporting deadlines, or decisions about whether to keep or sell certain assets. Reviewing these elements early can help prevent missteps that reduce long-term value. Planning ahead allows more flexibility and control for families passing on property or financial accounts.
Documenting your intentions and understanding your estate’s structure are important steps for both clarity and efficiency. A tailored estate plan can help prevent tax inefficiencies and delays. For individuals with estates in California, where home values are often substantial, even a basic plan can offer meaningful financial protection for the next generation.
If you have received an inheritance or expect to pass on significant assets, consider speaking with someone who understands the rules specific to your situation. Our team can help you gain clarity on your options and avoid expensive mistakes. We invite you to schedule a complimentary consultation call with us today!
Resources:
1) https://www.nolo.com/legal-encyclopedia/state-inheritance-taxes.html
2) https://www.schwab.com/learn/story/estate-tax-and-lifetime-gifting
6) https://assessor.saccounty.gov/TopicsAtoZ/Pages/Prop13andRealPropertyAssessment.aspx
7) https://www.boe.ca.gov/proptaxes/faqs/changeinownership.htm
9) https://www.rmozawalaw.com/blog/2024/05/disclaiming-an-inheritance-in-california/
