Real Property Transfers Between Parents and Children

California’s Proposition 58 generally excludes from real property tax reassessment transfers of real property between parents and children. When you are administering an estate or trust and the estate is of the parent or child — check to see if a Proposition 58 “Claim for Reassessment Exclusion For Transfer Between Parent and Child” form should be completed along with any documents sent for recording with the county regarding the real property.

California’s Proposition 193 offers the same benefit, but only from transfers from grandparents to grandchildren in very specific circumstances.

In other words, transfers of real property between parents and children (read the website for more information as to what this means) and transfers of real property from grandparents to grandchildren (with many many exceptions and qualifications) may mean that the property taxes for that property will not go up.

Why?

Because California voters passed Proposition 58 and Proposition 193 in years past allowing for these kinds of transfers to pass without property tax reassessment. It is a nice benefit.

So when you record the new deed, probate final orders, the trust transfer deed or other document involving real property belonging to a parent, grandparent, child or grandchild and the transfer is to one of the qualified persons, review the appropriate county website to see if you also need to file the claim form for reassessment exclusion as well.

For Los Angeles County, click here for their website information.

For Orange County, click here for their website information.

For general information, you can review the website page from the California State Board of Equalization.

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