If you give it to them while you're alive
They generally take your basis, the same low number you've had for decades.1
It sounds like a simple way to skip probate. For many California families it's one of the most expensive shortcuts in planning. Here's why, in plain English.
Your basis is roughly what you paid for your home plus improvements. When a home is sold, tax is figured on the gain above that basis.
How your kids receive the home changes their basis:
They generally take your basis, the same low number you've had for decades.1
Their basis is generally reset to the home's value on the date of death, often called a "step-up."1
| Gifted while alive | Inherited at death | |
|---|---|---|
| Parents paid (plus improvements) | $150,000 | $150,000 |
| Value when kids sell | $1,200,000 | $1,200,000 |
| Kids' basis | $150,000 | $1,200,000 |
| Taxable gain on the sale | $1,050,000 | $0 |
Hypothetical and simplified. Assumes the sale happens right after the death at the same value, and ignores selling costs. Actual tax depends on federal and California rates, exclusions and each child's situation.
Since February 2021, a home that passes from parents to children is generally reassessed to market value unless it qualifies for the parent-child exclusion under Proposition 19.3
This applies whether the home passes by gift or at death, so Prop 19 alone isn't a reason to gift early. It's a reason to plan with real numbers.
Once your children are on the title, the home is partly theirs. That can mean:
The goal behind the shortcut, skipping probate, can usually be met without the trade-offs above.
You keep full control while you're alive. At death, your successor trustee transfers the home to your children without probate, and the home is generally treated as inherited for basis purposes.
California allows a revocable deed that passes your home at death to the people you name.5
Read more in Will or Trust? and What Is Probate in California?
A short conversation can map how your home is titled today and what that means for taxes and probate, so you know what to ask an estate planning attorney.
Book a time with Kevin Kevin is not an attorney or tax preparer. Deeds and trusts should be prepared by a licensed California attorney.