Every question, answered.
Buying, selling, loans, California taxes, probate, estate planning, escrow and coastal living, in plain English. Search it or jump to a topic.
Buying
How much do I need for a down payment?
Conventional loans start at 3% to 5% down, and FHA at 3.5%. At coastal Orange County and Los Angeles prices most purchases are jumbo loans, where lenders usually want 10% to 20% down plus cash reserves. Under 20% down, expect private mortgage insurance until you reach 20% equity. Try the payment calculator to see each scenario.
How much cash do I need beyond the down payment?
Plan on roughly 2% to 3% of the price for lender, escrow and title fees, prepaid taxes and insurance, and inspections, plus a cushion for moving in. The cash to close calculator breaks it out line by line.
How long does it take to buy a home?
Searching takes as long as it takes to find the right home. Once an offer is accepted, a typical California escrow runs about 30 days with financing, and can be as short as 10 to 14 days with cash.
What is an earnest money deposit?
A good-faith deposit you wire to escrow within a few days of acceptance, commonly around 3% of the price. It goes toward your down payment at closing. If you back out within your contingency periods, it is normally returned.
What are contingencies?
Time-limited rights to cancel for specific reasons: inspections, appraisal, loan approval, reviewing disclosures, HOA documents and the title report. The standard California purchase agreement gives you 17 days unless you negotiate different terms. Removing them is what makes your deposit go hard.
Should I get pre-approved before I tour homes?
Yes. A pre-approval tells you your real budget, and sellers here rarely take an offer seriously without one. We can introduce you to lenders who close jumbo loans on time.
How do I win in a multiple-offer situation without overpaying?
Price is only one lever. A clean offer with strong financing, a sensible timeline, short contingency periods and an agent the listing side trusts can beat a higher bid. We have won homes for buyers without the highest price.
Do I have to sign an agreement before touring with an agent?
Yes. Since August 2024, buyers sign a written agreement with their agent before touring homes. It spells out the services and how the agent is paid, and every term, including compensation, is negotiable.
What inspections should I do?
At minimum a general home inspection and a termite (wood-destroying organism) inspection. Depending on the home: sewer line camera, roof, chimney, mold, foundation or a geologist for hillside lots. We will tell you which ones matter for the property.
Selling
What is my home worth?
Online estimates can miss by hundreds of thousands on unique coastal homes. Request a free home value and we will prepare a real number based on recent nearby sales, condition and what buyers are paying right now.
How much does it cost to sell?
Commissions, escrow and title fees, the county transfer tax, any loan payoff, prep work, and any credits you give the buyer. Commissions are always negotiable. The seller net calculator estimates what you walk away with.
What should I fix before listing?
Usually less than you think. Paint, deep cleaning, landscaping, light fixtures and minor repairs give the biggest return. Big remodels rarely pay for themselves right before a sale. See the home prep checklist.
How long will it take to sell?
Well-priced homes in our neighborhoods often go into escrow within a few weeks, then close about 30 days later. Pricing, condition and season all move that number.
What disclosures do California sellers have to give?
The Transfer Disclosure Statement, Seller Property Questionnaire, Natural Hazard Disclosure report and several others. When in doubt, disclose. We walk you through every form so nothing is missed.
Should I buy my next home before I sell?
It depends on your equity, financing and stomach for overlap. Options include selling first and renting back, a bridge loan, or buying with a contingency on your sale. We map out the timing with you.
What if my buyer needs more time to close?
Extensions are negotiable, and they do not have to be free. A well-written extension can require non-refundable payments to the seller, so you are paid for your time if the buyer still cannot close.
Money and mortgages
What is a jumbo loan?
A loan above the conforming limit set each year for Fannie Mae and Freddie Mac. In high-cost Orange and Los Angeles counties that limit is over $1.2 million. Jumbo loans often need more down, more reserves and stronger credit.
Fixed or adjustable rate?
A fixed rate never changes. An adjustable rate (ARM) starts lower for 5, 7 or 10 years, then adjusts. ARMs can make sense if you expect to sell or refinance before the fixed period ends.
What is PMI?
Private mortgage insurance protects the lender when you put less than 20% down on a conventional loan. It typically drops off once you reach 20% to 22% equity.
Should I pay extra on my mortgage?
Every extra dollar goes to principal and cuts total interest. Use the amortization calculator to see how much an extra payment saves and how much sooner you are done.
When does refinancing make sense?
When the monthly savings pay back your closing costs before you plan to move or refinance again. The refinance calculator shows your break-even month.
Is it better to rent or buy?
It depends on how long you will stay, prices, rates and appreciation. Over five-plus years buying usually wins here; over one or two, renting often does. Run your own numbers in the rent vs. buy calculator.
Taxes and costs in California
How are property taxes calculated?
Under Proposition 13 the base rate is 1% of your purchase price, plus local bonds and assessments, usually landing around 1.1% to 1.25% in total. Your assessed value can rise no more than 2% a year until the home sells again.
What is a supplemental tax bill?
After you buy, the county reassesses the home at your purchase price and sends one or two extra bills to cover the difference for the rest of the tax year. Plan for it; it is not included in your normal impound account.
What is Mello-Roos?
A special tax in some newer communities that pays for schools, roads and parks. It shows up on the tax bill and in the disclosures, and can add hundreds of dollars a month.
Who pays transfer tax?
The county documentary transfer tax is $1.10 per $1,000 of price and is customarily paid by the seller in Orange County. Some cities add their own tax. The City of Los Angeles adds Measure ULA on higher-priced sales, roughly 4% to 5.5% above about $5 million, with thresholds that adjust each year.
Do I owe capital gains tax when I sell my home?
If it was your primary residence for 2 of the last 5 years, up to $250,000 of gain ($500,000 for married couples) is generally tax-free. Talk to your CPA about your situation.
What is Proposition 19?
Homeowners 55 or older, severely disabled, or wildfire victims can move their Prop 13 tax base to a new home anywhere in California, up to three times. It also narrowed the parent-to-child property tax break. Ask a tax professional before you plan around it.
What is the homeowners' exemption?
If the home is your primary residence, a one-time filing with the county assessor takes $7,000 off its assessed value. At the 1% base rate, that saves about $70 a year. Rentals and second homes don't qualify.
Source: BOE Publication 29
How does California tax my gain?
California has no lower rate for capital gains. Any taxable gain is taxed as ordinary income on your California return. Your CPA can tell you how the home-sale exclusion and your other income affect what you owe.
Source: California Franchise Tax Board, Capital gains and losses
Why is escrow holding back money for the Franchise Tax Board?
California generally requires withholding when real estate sells. The standard amount is 3⅓% of the sales price, or you can elect a rate on your estimated gain instead (12.3% for individuals). It's credited toward your income tax, not an extra tax.
Many sellers are exempt, including those selling a principal residence that qualifies for the home-sale exclusion, sales of $100,000 or less, and sales at a loss. Exemptions are claimed on Form 593, which escrow collects before closing.
Sources: FTB 2026 Instructions for Form 593 · FTB Real estate withholding
I'm not a U.S. person. Is there federal withholding too?
Generally, yes. Under FIRPTA, when a foreign person sells U.S. real estate, the buyer usually has to withhold 15% of the amount realized. There are exceptions, including some sales of $300,000 or less to a buyer who plans to live in the home.
Source: IRS, FIRPTA withholding
Can I deduct mortgage interest and property taxes?
If you itemize, mortgage interest is generally deductible on up to $750,000 of home purchase debt taken out after December 15, 2017 ($375,000 if married filing separately).
Property taxes count toward the state and local tax (SALT) deduction, capped at $40,000 for 2025 ($20,000 married filing separately). The cap shrinks for incomes above $500,000, but not below $10,000. These limits change, so check the current year with your tax preparer.
Sources: IRS 2025 Instructions for Schedule A · IRS Topic 503, Deductible taxes
Probate and inherited homes
Do I need probate to sell a home I inherited?
It depends on how the home was titled. A home held in a living trust, held in joint tenancy, or passing to a surviving spouse is left out of the probate estate under California law, and a joint tenant's share passes to the surviving owner.
Otherwise, the estate may need to go through probate before the home can be sold, though a smaller estate may qualify for a simpler process. An estate can need probate even when there's a will.
Sources: California Courts, Guide to property after someone dies · Probate Code §13050
Is there a simpler option than full probate?
Sometimes. For deaths on or after April 1, 2025, if the home was the person's main home in California and is worth $750,000 or less, the family can ask the court to transfer it without a full probate case. Personal property worth $208,850 or less can be collected with a small estate affidavit.
Many homes in coastal Orange County are worth more than $750,000, so full probate is common here. These limits are updated every three years, next on April 1, 2028.
Source: California Courts, When formal probate may not be needed
How long does probate take, and what does it cost?
The California courts say a formal probate case typically takes 9 to 18 months, and sometimes longer. The filing fee is typically $435, plus other court costs.
The executor's fee is set by law as a percentage of the estate's value: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000 and 1% of the next $9 million. On a $1.5 million estate, that's $28,000. The estate's attorney is paid on the same schedule, and both are usually paid at the end of the case.
Sources: California Courts, If you need formal probate · Probate Code §10800 · §10810
Can the executor sell the house before probate is over?
Yes. How it works depends on the authority the court gave the executor under the Independent Administration of Estates Act.
With full authority, the executor can sell without a court hearing. They send a Notice of Proposed Action to the heirs and beneficiaries at least 15 days before the sale. With limited authority, a sale of real property needs court supervision, which means a confirmation hearing.
Sources: Probate Code §10503 · §10586 · §10501
What happens at a court confirmation hearing?
The judge reviews the sale. The accepted offer has to be at least 90% of the home's appraised value, based on an appraisal from within the year before the hearing. The court also approves the agents' commissions.
Other buyers can overbid in the courtroom. The first overbid has to beat the accepted offer by at least 10% of the first $10,000 plus 5% of the rest. On a $1,000,000 offer, the first overbid must be at least $1,049,500. Buyers in a probate sale should be ready for that possibility.
Sources: Probate Code §10309 · §10311 · §10503
How is selling a home from a trust different?
A home held in a revocable living trust is left out of the probate estate, so the successor trustee can usually sell it without a court case, hearing or overbids.
When the trust becomes irrevocable at the owner's death, the trustee must send a notice to the beneficiaries and heirs within 60 days. They then generally have 120 days to contest the trust. Your attorney can advise on timing the sale around that window.
Sources: Probate Code §13050 · §16061.7
Is an inherited home reassessed for property tax?
Generally yes. The home is reassessed to market value as of the date of death, whether it passes by trust, will, probate or transfer on death deed, unless an exclusion applies. Transfers to a surviving spouse are excluded automatically, and the parent-child exclusion may apply (see Estate planning below).
A Change in Ownership Statement (Form BOE-502-D) must be filed with the county assessor within 150 days of the death. In a probate, the executor files it by the time the inventory and appraisal are filed with the court.
Source: BOE, Death of a Real Property Owner: Reporting Requirements
Estate planning
Will a will keep my home out of probate, or do I need a trust?
A will alone doesn't avoid probate. The California courts note that an estate may need probate even if the person had a will.
A home titled in a revocable living trust is owned by the trust and left out of the probate estate. If you have a trust, check that your deed actually puts the home in the trust's name. An estate planning attorney can help you choose the right approach.
Sources: California Courts, Guide to property after someone dies · Probate Code §13050
What is a transfer on death deed?
A revocable transfer on death deed names who gets your home when you die, without probate. You keep full ownership during your lifetime and can revoke it.
It only works if it's recorded with the county within 60 days after it's notarized, and before your death. The transfer at death is still a change in ownership for property tax purposes unless an exclusion applies.
Sources: Probate Code §5626 · BOE Letter to Assessors 2016/006
Can my children keep my property tax base?
Sometimes. Since February 16, 2021, a child keeps a parent's taxable value on the family home only if the child makes it their own primary residence within one year of the transfer and files for the homeowners' exemption.
There's also a cap. The exclusion covers the current taxable value plus about $1 million, adjusted for inflation: $1,044,586 for transfers from February 16, 2025 through February 15, 2027. Value above that is added to the child's taxable value. Grandchildren qualify only if their parents have passed away, and claim deadlines apply.
Sources: BOE Publication 801 · BOE news release on the 2025 adjustment
What's my tax basis if I inherit a home?
Generally, your basis is the home's fair market value on the date the owner died, often called a step-up in basis. That can lower the capital gains tax if you sell. Property tax reassessment is a separate question, covered above.
Source: IRS FAQ, Gifts and inheritances
Does it matter whether a married couple holds title as community property?
It can, for income tax. California is a community property state. When a spouse dies, the full fair market value of community property, including the surviving spouse's half, generally becomes the new basis for the whole property. That can reduce capital gains tax if the survivor sells.
Other ways of holding title can be treated differently, so ask your attorney or CPA before you choose or change how title is held.
Sources: IRS Publication 555, Community Property · IRS Publication 551
Should I give my home to my children now or leave it to them?
The income tax result can be very different. A child who receives a home as a gift generally takes over your tax basis. A child who inherits it generally gets a basis equal to its value at your death, which can mean much less capital gains tax on a later sale.
The 2026 federal gift tax annual exclusion is $19,000 per recipient, and Prop 19's parent-child rules apply to gifts and inheritances alike. Talk with an estate planning attorney and CPA before deeding a home to family.
Sources: IRS, Frequently asked questions on gift taxes · IRS Publication 551 · BOE Publication 801
Is there a California estate or inheritance tax?
No. California has not required an estate tax return for deaths on or after January 1, 2005, and its inheritance tax applies only to deaths before June 8, 1982.
The federal estate tax applies only to estates above the basic exclusion amount, which is $15,000,000 per person for deaths in 2026.
Sources: California State Controller, Estate Tax · IRS, What's new: Estate and gift tax
Escrow and closing
What does escrow do?
Escrow is the neutral third party that holds the money and documents, follows both sides' instructions and makes sure everyone is paid and the deed is recorded correctly.
What is title insurance?
It protects against problems with ownership history, like liens or recording errors. Buyers get an owner's policy and lenders require a lender's policy.
When do I get the keys?
Usually when the deed records with the county, which is the day escrow closes. Possession can also be negotiated for later, for example with a rent-back to the seller.
How do I avoid wire fraud?
Never trust wiring instructions sent by email. Always call escrow at a phone number you already know to confirm before you send money. We will never email you new wiring instructions.
Coastal living
Do I need flood or earthquake insurance?
Lenders require flood insurance in mapped flood zones, common near the harbor and the sand. Earthquake insurance is optional but worth pricing. Homeowners insurance has gotten harder to buy in California, so get quotes early in escrow.
What is the California Coastal Commission, and does it affect my home?
The Coastal Commission is the state agency that enforces the California Coastal Act of 1976. It oversees building in the Coastal Zone, which covers much of coastal Orange County and Los Angeles, to protect public beach access, ocean views, bluffs and habitat. If a home is in the Coastal Zone, most new construction, additions, demolitions, seawalls and some remodels need a Coastal Development Permit. Cities with a certified Local Coastal Program, including Newport Beach and Laguna Beach, issue most of these permits themselves, but some decisions can still be appealed to the Commission.
Can I remodel or rebuild near the coast?
Usually, with the right permits. Beyond the Coastal Development Permit, expect city height, setback and size limits, and closer review on bluffs, beachfront lots and anything involving a seawall or sea-level rise. Approvals can add months, so build that into your timeline and budget. Before you buy, we check the property’s permit history, look for unpermitted work and connect you with local architects and land-use attorneys who know the process.
What should I know about HOAs?
Review the budget, reserves, rules and any special assessments during escrow. Rules can limit rentals, pets, remodels and parking.
Can I use a home as a short-term rental?
It depends on the city. Newport Beach, Laguna Beach and others cap or restrict short-term rentals with permits. Never assume a home can be an Airbnb; we check before you write an offer.
Investing and rentals
Does a rental make money at coastal prices?
Often not month to month. Many coastal rentals run negative cash flow and win on appreciation and loan paydown. The rental property calculator shows cash flow, cap rate and cash-on-cash return.
Are there rent limits in California?
Under AB 1482, many rentals at least 15 years old are limited to annual increases of 5% plus inflation, capped at 10%, with just-cause eviction rules. Some single-family homes owned by individuals are exempt with proper notice, and some cities have stricter rules.
What is a 1031 exchange?
A way to defer capital gains tax by selling an investment property and buying another. You have 45 days to identify replacement property and 180 days to close, and you must use a qualified intermediary.
Does California treat a 1031 exchange differently?
If you exchange California property for property in another state, the Franchise Tax Board requires Form FTB 3840 for the year of the exchange and every year after, generally until the deferred gain is reported on a California return.
Deadlines and dates
1031 exchange deadlines
Both clocks start the day your sale closes, and every calendar day counts, weekends and holidays included. Missing either one can make the gain taxable.
- Day 0Your sale closes. The sale proceeds go to your qualified intermediary, and both clocks start.
- Day 45Identify replacement property, in writing. The identification must be signed by you and delivered by midnight of day 45. You can name up to three properties of any value, or any number whose combined value is no more than 200% of what you sold.
- Day 180Close on the replacement. You must receive the property by midnight of day 180, or by your tax return due date for that year, including extensions, if that comes first.
- Tax timeReport the exchange. File IRS Form 8824 with your return. If you traded California property for property in another state, also file Form FTB 3840 that year and every year after until the deferred gain is reported.
Find your dates
An estimate for planning only. Confirm every deadline with your qualified intermediary and CPA.
Sources: Treasury Regulation §1.1031(k)-1 · IRS Instructions for Form 8824 · FTB Instructions for Form 3840
Important dates
The dates and deadlines that come up most for Orange County owners, buyers, sellers and families.
Every year: Orange County property tax
- January 1
- Lien date. Values for the coming tax year are set as of this date.
- February 15
- Deadline to file the homeowners' exemption to get the full exemption for that year.
- November 1
- First installment due. The annual bill is mailed by this date.
- December 10
- Last day to pay the first installment before a 10% penalty.
- February 1
- Second installment due.
- April 10
- Last day to pay the second installment before a 10% penalty plus a $23 fee.
When you buy or sell
- Before closing
- Sellers claiming a California withholding exemption give Form 593 to escrow.
- After closing
- Watch for one or two supplemental tax bills. They usually aren't paid from your impound account.
- 45 and 180 days
- 1031 exchange identification and closing deadlines, counted from your sale.
- Within 2 years
- Prop 19: buy or build a replacement home after selling, to transfer your taxable value.
After a death
- Within 60 days
- The trustee sends the trust notification to beneficiaries and heirs.
- Within 150 days
- File the Change in Ownership Statement (BOE-502-D) with the county assessor.
- Within 1 year
- Prop 19: the child must make the family home their primary residence and file for the homeowners' exemption.
- Within 3 years
- Prop 19: file the parent-child claim (BOE-19-P) with the assessor, and before any sale to a third party.
Planning ahead
- Within 60 days
- Record a transfer on death deed after it's notarized, or it won't take effect.
- February 15, 2027
- Last day for the current Prop 19 parent-child amount of $1,044,586. A new amount applies after.
- March 31, 2028
- Current small estate limits run through this date. New limits take effect April 1, 2028.
Sources: OC Treasurer-Tax Collector, Important dates · BOE, Homeowners' Exemption · BOE Publication 801 · BOE, Death of a Real Property Owner · Probate Code §16061.7 · California Courts
Working with Brennan
What areas do you cover?
Newport Beach, Corona del Mar and Costa Mesa are home base, along with the rest of coastal Orange County and the Los Angeles westside. Browse the communities.
How fast will you get back to me?
Within one business day, and usually much sooner.
Do you work with buyers and sellers?
Both. See recent sales and listings and what clients say in the reviews.
How do I get started?
Tell us a little about your plans: selling, buying, or just a question.
No matches. Ask us directly and we will answer within one business day.
Figures last reviewed November 2026.
Brennan Harms and Premier Pacific Properties are licensed California real estate agents (DRE# 02011669). We are not CPAs, tax advisors, attorneys or financial advisors, and we do not prepare wills, trusts or deeds or give legal advice about probate or estate planning. This page is general information about how tax, probate and estate rules commonly apply to California real estate. It is not tax, legal or financial advice, and it may not apply to your situation. Laws, rates, deadlines and dollar limits change, and the figures here are current only as of the date shown. Talk with your own CPA, estate planning or probate attorney, or financial advisor before making any decision, and don't rely on this page in place of their advice. Links to government websites are provided for convenience.
Ask Brennan anything.
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Ask a questionRun the numbersGeneral information, not legal, tax or lending advice. Rules and limits change; confirm details with the right professional for your situation.
