What Taxes Are Due in California When Someone Dies?

When a person dies in California, there is no California estate tax or inheritance tax. However, several federal and state-level tax obligations may still apply, depending on the decedent’s income, assets, and estate size.

California Estate Tax or Inheritance Tax

None.

California:

• Does not impose an estate tax
• Does not impose an inheritance tax

Heirs generally do not owe California tax simply for inheriting property.

Final California Personal Income Tax Return (Form 540)

A final California income tax return may be required if the decedent:

• Had California-source income, or
• Was a California resident prior to death

Key points:

• Covers income from January 1 through date of death
• Marked as “Deceased” on the return
• Due by the normal filing deadline (generally April 15 of the following year)

If the decedent’s income exceeds California filing thresholds, Form 540 (or 540NR) must be filed with the California Franchise Tax Board.

Federal Estate Tax

Although California has no estate tax, federal estate tax may apply if the estate is large enough.

For deaths in 2025:

• Federal estate tax exemption: $13.61 million (estimated; indexed for inflation)
• Only the value above the exemption is taxed
• Reported on IRS Form 706

Most estates do not owe federal estate tax.

Income Tax for the Estate or Trust (California Form 541)

If the estate:

• Earns income after death (interest, dividends, rent, business income), and
• Gross income exceeds $10,000 (California threshold)

Then the estate or trust must file:

• California Form 541 (Fiduciary Income Tax Return)

This applies to:

• Probate estates
• Revocable trusts that become irrevocable at death

Property Taxes

Death alone does not trigger property tax, but it can affect property tax reassessment.

California Proposition 19 considerations:

• Transfers to a spouse → generally no reassessment
• Transfers to children → reassessment may apply unless:
  
  • The child uses the home as a primary residence
  • The exclusion requirements are met and timely filed

Failure to file required forms can lead to higher property taxes.

Capital Gains Taxes for Heirs

California follows federal rules for basis step-up:

• Assets generally receive a step-up in basis to fair market value at date of death
• Selling shortly after inheritance often results in little or no capital gain

This applies to:

• Real estate
• Stocks and investments
• Business interests

Taxes That Are Not Due

To clarify common misconceptions:

• No California inheritance tax
• No California estate tax
• No automatic tax at death
• Heirs do not pay income tax just for receiving assets

Taxes arise only from income, later sales, or estate-level earnings.

Summary

Updated Federal Estate Tax (2026)

For deaths occurring in 2026, new legislation has increased this significantly to prevent the "sunset" that many expected.

• 2026 Federal Exemption: $15 million per person (or $30 million for married couples).
• Tax Rate: Remains at 40% for the value of the estate exceeding that $15 million threshold.
• Portability: Surviving spouses can still "inherit" the unused portion of their deceased spouse's exemption, provided they file IRS Form 706 timely.

California Fiduciary Income Tax (Form 541)

Proposition 19 & Property Taxes

• The Primary Residence Rule: For a child to keep the parent's lower property tax base, the home must have been the parent’s primary residence AND the child must move in and file for a Homeowners’ Exemption within one year of the date of death.
• The $1 Million Cap: If the home's market value at the time of death exceeds the "factored base year value" by more than $1,026,000 (this $1M cap is adjusted annually for inflation), the property will be partially reassessed even if the child moves in.

Summary of Updates for 2026 

• Federal Exemption: Change from "$13.61 million" to "$15 million."
• Form 541 Thresholds: Add that $1,000 net income (for estates) or $100 net income (for trusts) also triggers a filing requirement, even if gross income is under $10,000.
• Prop 19 Cap: Note that the $1 million exclusion cap is now inflation-adjusted (approx. $1.026 million for 2026).

Updated Summary Table (2026)

Related Questions

• How much is the California state tax on a 401 k withdrawal?
• What taxes does California impose on the sale of a house?
• How do I pay estimated California taxes for form 100s?

Sources:

California Franchise Tax Board – Deceased Taxpayers

California Franchise Tax Board – Fiduciary & Estate Taxes (Form 541)

IRC § 1014 (Step-Up in Basis)

California Board of Equalization – Proposition 19 Overview