Transferring A Decedent's Property
When a property owner passes away, it can trigger a property tax reassessment—even if the home is in a trust. To avoid costly penalties and ensure a smooth transfer, it's crucial to notify the Alameda County Assessor's Office. Here's what you need to know.
Properly Notifying the Assessor After the owner's death, the decedent's representative must submit the following documents to the Assessor's Office within 150 days of the date of death:
✅ Documents Required Submit the following to the Assessor's Office: - A Completed Death of Real Property Owner (BOE-502-D) form for each property, even if the property is held in a trust.
- A copy of the death certificate
- A full copy of the entire trust, including amendments and attachments (if applicable)
- A copy of Letters of Administration, if there is no trust
- A copy of Registered California Domestic Partnership Declaration, if applicable
Even if the property is held in a trust, these documents are still required.
Penalties for Late Filing Failure to notify the Assessor's Office within 150 days may result in a penalty of: - $100 or
- 10% of the taxes based on the new assessed value (Whichever is greater—up to $5,000 for homes with the homeowner's exemption, or $20,000 for others.)
What Happens to the Property Tax? Under California law, death is considered a change in ownership, and the property is reassessed at the market value as of the date of death—even if the property was in a trust.
However, some exceptions may apply:
Spouse or Domestic Partner Transfer Transfers to a spouse or registered domestic partner are excluded from reassessment under state law.
Transfer to Children or Grandchildren You may be eligible for an exclusion from reassessment if:
This exclusion is NOT automatic—you must file the proper forms to receive the benefit.
Taxation of Inherited Property: As of February 16, 2021, Proposition 19 limits the reassessment exclusion for property transfers between parents and children, or grandparents and grandchildren.
The original taxable value can only be transferred if: - The transferor must have an existing homeowner's exemption prior to the transfer date.
- The taxable child receiving the property establishes the property as the child's primary residence.
- If a homeowners' exemption is filed within one year of the change in ownership and the child files a parent/child transfer form within three years of the change in ownership.
- If the market value of the property is less then $1M over the original tax basis. If the market value, at the time of transfer, is more than $1M over the original tax basis, some upward adjustment in assessed value will occur.
Ownership is under the name of the grantor or grantee and not under a separate legal entity.
For full details and eligibility rules, visit the Board of Equalization's Website.
Need Help?
Contact us at County Administration Building 1221 Oak Street, Room 145, Oakland (During normal business hours), call: (510) 272-3787 or visit the Assessor's Office website for guidance and access to required forms. |
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