Legal Question in Wills and Trusts in California

Re: irs filing for property transfer

unless: 1)all property is held as community property and/or joint tenancy, or 2)there is no real property in the probate estate worth more than $20,000 and the total value of the probate estate is $100,000 or less, probate will be required - with or without a will.

in addition, it is likely that a federal estate tax return will be required (even if there is no tax due). you should consult an attorney for advice and assistance.

Re: irs filing for property transfer

I do not fully understand your question. There is no need to made just one sentence.

On your father's death,his portion of the real estate gets a stepped up basis of its fair market value on the date of his death. You do not have to report that to the IRS because it is not income. The transfer of the property can occur in several ways. If your parent's were joint tenants, it automatically transfer to the survivor; the local county assessor should be notified. If it is entirely community property, then his half would go to your mother and the county again should be notified but there should not be an increase in the assessed value. If there is a Will and the property is not entirely community property, then his separate property must be deposed of as stated in the Will; probate can be avoided in California if the amount of the estate is less than $100,000. A federal death tax may be payable but certainly must be filed.