There are no "inheritance" taxes in California. There may or may not be Federal Estate Tax due, depending on the size of the estate. Income taxes are another issue. The Estate will file an IRS form 1041. There may be gains or losses from a sale of a residence. It depends on the value as of the date of death as compared to the net proceeds from the sale of the house. If there is a tax liability, it is possible to pass those gains onto the beneficiaries, if there is a distribution within the tax year, through "distributable net income" as shown on the tax return. Overall, if there are gains, it might be less costly for all concerned to pass through those gains to all the beneficiaries rather than have the Estate pay the income tax due. Yes, you need to retain an attorney to represent you, if you are administering an estate. You will need legal advice on what you responsibilities are along with choices of decisions along the way as well as tax advice on those choices. Estates can have a calendar year or a fiscal year. Again, many choices along the way. Sometimes you are able to plan how things will take place and match income and expenses incurred to reduce the tax burden other times, circumstances dictate other effects. Planning is the key to minimizing taxes and expenses and sometimes timing is everything.
Answered on Jul 19th, 2013 at 3:37 PM