Inherited a Property in California?

First, a few questions worth asking yourself. Are you the sole beneficiary of the estate, or one of several? Has a trust already named you trustee, or will the probate court need to appoint an executor? If no executor has been named and you’re willing to serve, you can petition the court to be appointed.

Perhaps you already have legal representation you trust. But as you enter the court-supervised world of probate, finding a genuinely qualified probate attorney will likely be one of your first challenges.

This can be more daunting than it sounds, because not every attorney who markets themselves as a probate specialist has deep, current experience in the field — and self-description as a “specialist” doesn’t always mean your interests come first.

Crown Global has been privileged to work with some of the most experienced probate and trust attorneys in Monterey County over the years. We’re glad to share what we’ve learned from those relationships and outline options for you to consider — whether you pursue them directly or discuss them with your current counsel.

Your First Five Steps as Executor

Being named executor of an estate is an act of trust — the court, or the person who chose you, believed you were capable of handling one of the most complex administrative responsibilities a person can face. When that estate includes real property in California, the responsibility expands considerably.

The property must be secured, maintained, and valued. The court will assign its own appraisal, but exposing the property to the open market is generally the clearest way to determine its value if you intend to sell. If you intend to distribute or retain the property instead, you will need a licensed appraisal from a certified appraiser to establish its value for the estate. From there, the property is sold, transferred, or distributed, all within the structure of the probate process and typically under the oversight of the court.

If you have recently been appointed executor and are looking at an inherited property for the first time — whether a family home on the Monterey Peninsula, an investment property elsewhere in California, or a vacation residence — here are the five steps that matter most in the early weeks.

Step 1: Secure and Assess the Property Immediately

Your first obligation as executor is to protect the estate’s assets — and real property requires immediate attention. If the property is vacant, change the locks. Confirm that utilities are active and that the property is not at risk from fire, deferred maintenance, weather exposure, or security issues. Check on any ongoing maintenance contracts (gardening, pool service, pest control) and decide quickly whether to continue or pause them.

Review the homeowner’s insurance policy. Coverage may lapse or change status upon the owner’s death — a vacant property is often treated differently by insurers than an occupied one. Contact the insurer promptly to ensure the property remains covered during the probate period. A lapse in coverage during this period can have serious consequences for the estate.

If the property is tenanted, review existing leases carefully. Tenant rights do not change because of the owner’s death, and California’s tenant protections are among the most comprehensive in the country. Do not take any action involving tenants until you have reviewed the situation with your probate attorney.

Step 2: Retain a Probate Attorney

If you have not already engaged a probate attorney, it is best to do so now. California probate is a court-supervised process with specific filing requirements, deadlines, and documentation obligations. Attempting to navigate it without legal counsel is possible in theory — but in practice, executors who proceed without an attorney frequently encounter procedural errors that delay the case, increase costs, or expose them to personal liability.

Once retained, your probate attorney will file the initial petition with the court, obtain your Letters Testamentary (the document that gives you legal authority to act on behalf of the estate), and guide you through each step of the process. They will also help you determine whether the estate qualifies for simplified administration under the Independent Administration of Estates Act — a distinction that significantly affects how the real property sale will be handled.

Step 3: Gather All Property-Related Documents

Before you can make informed decisions about the property, you need a complete picture of its financial and legal status. Collect the following as early as possible:

• The deed (available from the county recorder’s office if not on file)
• Recent property tax statements and any outstanding tax bills
• Mortgage statements (if the property carries a loan, notify the lender of the owner’s death)
• HOA documents, if applicable, including any outstanding dues or violations
• Utility bills and service contracts
• Any existing leases or rental agreements
• Records of recent improvements or repairs, which may affect value and tax basis

This documentation will be needed by your probate attorney, the court-appointed probate referee who will appraise the property, and eventually your real estate broker. Gathering it early prevents delays later in the process.

Step 4: Obtain the Probate Referee’s Appraisal

California law requires that estate assets — including real property — be appraised by a probate referee appointed by the State Controller’s Office; your attorney will coordinate this step for you. The referee’s appraisal establishes the property’s fair market value as of the date of death for estate accounting purposes, and in a court confirmation sale, it sets the floor below which no offer can be accepted (90% of appraised value).

If you believe the appraisal understates the property’s value, you can petition the court to consider other evidence. This is a high bar — courts are rarely inclined to override their appointed professional’s judgment — so pursue it only if you have solid, documented grounds.

The probate referee is assigned to the case by the court; you do not select this individual. What you can do is work with a real estate broker to prepare an independent current market analysis. If you intend to sell, exposing the property to the open market is generally the clearest way to establish its true value; if it will instead be distributed or bought out among heirs, a licensed appraisal may be the better tool. Either way, the market analysis informs your pricing strategy and shows you where the property is likely to sell relative to the appraised value.

That relationship between the two figures matters beyond a sale: if you or a co-beneficiary wish to buy out the others’ interest in the property rather than sell it on the open market, the appraised value typically becomes the basis for that buyout price.

Step 5: Select a Real Estate Broker with Probate Experience

This decision carries more weight than most executors initially appreciate. A probate sale is not a standard residential real estate transaction — it involves court timelines, specific disclosure requirements, coordination with your attorney, and, in many cases, the court confirmation process. A broker unfamiliar with probate can inadvertently create legal complications, misrepresent timelines to buyers, or fail to document the transaction in the precise way the court requires.

Look for a real estate broker who works regularly with probate and trust property sales, who has existing relationships with probate attorneys and title companies experienced in estate transactions, and who can clearly explain the process to both you and potential buyers. The right broker is a resource throughout the probate period — not simply someone who lists the property and waits for an offer.

The Larger Picture

Managing an inherited property through probate is rarely simple, and it rarely happens at an emotionally easy time. The practical demands of the executor role often arrive before the grief has settled. Taking these five steps early — securing the property, engaging legal counsel, gathering documentation, obtaining the appraisal, and selecting the right real estate broker — gives you the foundation to manage the process with clarity rather than react to it.

If you are navigating an inherited property on the Monterey Peninsula or elsewhere in California and want to understand what the path forward looks like, we welcome a conversation. No pressure — just honest guidance from a team that works in this space every day.

What part of the executor role has been most difficult to navigate? Share your experience in the comments — your perspective may help others in a similar situation.