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Prop 19 & Inherited Property Tax · California

Can I keep my parents' low property taxes when I inherit their house?

Sometimes, and only if you move in. Proposition 19 did not abolish the parent-child exclusion, but it narrowed it to one fact pattern: the house has to have been your parent's principal residence, and after the transfer it has to become your principal residence. If both of those things are true, you keep your parent's factored base year value — the assessed number that has been drifting up by no more than about two percent a year since they bought the place — instead of watching the county reassess the property to what it is worth today. In Santa Clara County that gap is enormous. A house purchased in 1985 for $180,000 may carry an assessed value under $400,000 against a market value north of $2,000,000, and the annual tax bill can quadruple on reassessment. Before Prop 19 you could inherit that low base and rent the house out to a stranger. You cannot any more, and that change is what surprises families most.

The relief is also not unlimited. What you keep is your parent's factored base year value plus $1,000,000, an amount the state adjusts every two years, so a home worth well above that combined figure at the date of death is partly reassessed even when you qualify; the question on how much value is actually excluded works the arithmetic through. Nor does any of it happen by itself. The exclusion is a claim you have to make, not a benefit the county hands you. The child keeping the house has to be genuinely living there and has to claim the homeowners' exemption within a year of the transfer, and a separate exclusion claim goes to the county assessor under its own deadline, which the question on where to file and by when sets out. Families lose the benefit every year by letting that first window run out while the estate is still being untangled. The house is being cleaned out, the siblings are still negotiating, and an assessor's form is nobody's priority until the reassessment notice arrives in the mail. If you are the child who intends to keep the house, treat the move-in date and the two filings as part of administering the trust, on the same list as the death certificates and the bank accounts, rather than as loose ends to tidy up once everything else has settled.

This page is general information about California law, not legal advice, and does not create an attorney-client relationship. Figures and deadlines change, and every family’s situation is different. Last reviewed August 2026.

Next Step

Ask Robert P. Bergman about your own facts.

The 15-minute Consultation is free. Bring the assessor’s notice, the trust, or just the question, and you will leave knowing which deadline applies to you.

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