Estate administration and probate court proceedings in California can take a year or longer to complete. During that time, the personal representative of the estate has to manage resources, attend court hearings and fulfill various other responsibilities.
One of the most pressing obligations that comes with estate administration is the need to pay debts and taxes. The failure to do so in an appropriate fashion might lead to personal liability for the representative of the estate.
Taxes require some advance planning so that the personal representative can retain enough capital to cover tax obligations. The following are the three main types of taxes that can influence estate administration in California.
Estate taxes
California does not collect a state-level estate tax. However, those who own real property or run successful businesses in California might be subject to federal estate taxes. If the total value of the estate exceeds the current federal threshold, tax rates ranging from 18 to 40% may apply to the estate. In 2024, the exemption threshold for estate taxes at the federal level is $13.61 million.
Capital gains taxes
Capital gains taxes often become the responsibility of estate beneficiaries. Personal representatives do not necessarily need to pay these taxes. Still, they often need to warn beneficiaries about their need to cover those taxes if they sell their high-value inherited property.
Income taxes
The personal representative of an estate often files a last tax return on behalf of the deceased. Doing so is necessary even if the decedent hadn’t worked in years. A final tax return helps ensure that the estate resolves any outstanding tax obligations owed by the decedent. In some cases, the estate itself may also have to pay income taxes. If the sale of estate resources generates $600 or more in revenue, the personal representative may have to file an income tax return on behalf of the estate as well. The failure to file proper returns and to retain assets to cover taxes can lead to personal liability.
Understanding the obligations that arise during estate administration can benefit those who agree to handle probate proceedings. Taxes can diminish someone’s legacy and can create liability for the person managing the estate if related obligations are not handled with care.