What is the exclusion on the sale of a house after death of a spouse?

Asked by: Mrs. Destany Morar  |  Last update: October 14, 2025
Score: 4.6/5 (53 votes)

Surviving spouses get the full $500,000 exclusion if they sell their house within two years of the date of the spouse's death, and if other ownership and use requirements have been met. The result is that widows or widowers who sell within two years may not have to pay any capital gains tax on the sale of the home.

How to avoid capital gains tax on sale of inherited house?

Here are five ways to avoid paying capital gains tax on inherited property.
  1. Sell the inherited property quickly. ...
  2. Make the inherited property your primary residence. ...
  3. Rent the inherited property. ...
  4. Disclaim the inherited property. ...
  5. Deduct selling expenses from capital gains.

How long can a wife sell property after a husband's death?

Surviving spouse: House may not sell within 2 years of spouse's date of death. What are federal and state tax implications? In common-law state. Owned house with husband as either-or-survivor.

What is the cost basis of a house after a spouse dies?

When one spouse dies, the surviving spouse receives a full step-up in basis on the entire property, not just the half that belonged to the deceased. So, what does this "step-up" mean? The basis of an asset is its original cost for tax purposes.

What are the exceptions to the 2 year home sale exclusion?

A change in the place of employment for you, your spouse, any co-owner of the property, or any other person who uses your home as their principal residence is always a valid excuse if the location of the new job is at least 50 miles further away from your old home.

What happens to home Property sale gain and calculation if spouse passes away

38 related questions found

What is the surviving spouse exclusion for home sale?

Surviving spouses.

Also, you may be able to increase your exclusion amount from $250,000 to $500,000. You may take the higher exclusion if you meet all of the following conditions. You meet the 2-year ownership and residence requirements (including your late spouse's times of ownership and residence, if applicable).

How to avoid paying capital gains tax on sale of rental property?

How to avoid paying capital gains taxes on the sale of rental property
  1. Buy & Sell Real Estate through a Retirement Account. ...
  2. Gift Your Property Into a Charitable Remainder Trust. ...
  3. Convert Rental Property to a Primary Residence. ...
  4. Use a 1031 Exchange to Defer Capital Gains. ...
  5. Avoid Capital Gains Tax Through Tax-Loss Harvesting.

When a spouse dies what happens to the house?

Unless spouses had signed a valid prenuptial or postnuptial agreement, community property generally will be divided equally between the spouses when one spouse dies.

Do you pay capital gains after age 65?

The short and simple answer: Age doesn't exempt anyone from capital gains tax.

When should a widow sell her home?

People will often say not to make major decisions in the first year or two after the death of a spouse. Although it's not necessary to wait, and there can be good reasons to sell within the first year or two, you can always decide to move later.

What not to do after a spouse dies?

Top 10 Things Not to Do When Someone Dies
  1. 1 – DO NOT tell their bank. ...
  2. 2 – DO NOT wait to call Social Security. ...
  3. 3 – DO NOT wait to call their Pension. ...
  4. 4 – DO NOT tell the utility companies. ...
  5. 5 – DO NOT give away or promise any items to loved ones. ...
  6. 6 – DO NOT sell any of their personal assets. ...
  7. 7 – DO NOT drive their vehicles.

How do you sell a house when one owner is deceased?

In order for the surviving owner to sell the house, the recorded title to the property must first be officially transferred to their name. Another common estate planning tool that bypasses probate is a transferable-on-death deed, which transfers the house to named beneficiaries.

What is a widow entitled to when her husband dies?

If your spouse built up entitlement to the State Second Pension between 2002 and 2016, you are entitled to inherit 50% of this amount; PLUS. If your spouse built up entitlement to Graduated Retirement Benefit between 1961 and 1975, you are entitled to inherit 50% of this amount.

What are the disadvantages of inheriting a house?

Inherited properties can come with financial responsibilities such as existing mortgages, unpaid property taxes, maintenance costs, and insurance requirements. Be aware of hidden costs, including emergency repairs, property management fees, and legal expenses.

Do you get a 1099 when you sell an inherited house?

Your share of sales proceeds (generally reported on Form 1099-S Proceeds From Real Estate Transactions) from the sale of an inherited home should be reported on Schedule D (Form 1040) Capital Gains and Losses in the Investment Income section of TaxAct.

What is the most you can inherit without paying taxes?

Many people worry about the estate tax affecting the inheritance they pass along to their children, but it's not a reality most people will face. In 2025, the first $13,990,000 of an estate is exempt from federal estate taxes, up from $13,610,000 in 2024.

What is the one-time capital gains exemption?

The $250,000/$500,000 home sale tax exclusion - If you have a capital gain from the sale of your main home, you may qualify to exclude up to $250,000 of that gain from your income, or up to $500,000 of that gain if you file a joint return with your spouse.

At what age do seniors stop paying property taxes in California?

PROPERTY TAX POSTPONEMENT PROGRAM

This program gives seniors (62 or older), blind, or disabled citizens the option of having the state pay all or part of the property taxes on their residence until the individual moves, sells the property, dies, or the title is passed to an ineligible person.

How much can a 70 year old earn without paying taxes?

At What Age Can You Stop Filing Taxes? Taxes aren't determined by age, so you will never age out of paying taxes. People who are 65 or older at the end of 2024 have to file a return for tax year 2024 (which is due in 2025) if their gross income is $16,550 or higher.

What is the first thing you should do when your husband dies?

10 things you need to do when your spouse dies
  • Get legal, tax and financial advice.
  • Make funeral arrangements.
  • Apply for government benefits.
  • Contact your spouse's past and recent employers.
  • File life insurance claims.
  • Call your bank or other financial institutions.

How much does an estate have to be worth to go to probate in California?

Minimum Estate Value for Probate in California

Generally, if the estate is valued at $184,500 or more, it may be subject to full probate. However, estates valued under this threshold may qualify for simplified probate procedures, such as a small estate affidavit or summary probate.

What am I entitled to if my spouse dies?

Surviving spouse, at full retirement age or older, generally gets 100% of the worker's basic benefit amount. Surviving spouse, age 60 or older, but under full retirement age, gets between 71% and 99% of the worker's basic benefit amount.

What is a simple trick for avoiding capital gains tax on real estate investments?

A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.

At what age do you not pay capital gains?

Current tax law does not allow you to take a capital gains tax break based on your age. In the past, the IRS granted people over the age of 55 a tax exemption for home sales, though this exclusion was eliminated in 1997 in favor of the expanded exemption for all homeowners.

What is the capital gains loophole in real estate?

This tax loophole allows property owners to defer capital gains on their sale as long as the proceeds are used to purchase another property within a set time frame.