After a parent dies, families are buried in forms, and the one that gets overlooked most often in my experience is a two-page Assessor form called the BOE-502-D, the Change in Ownership Statement for the death of a real property owner. It’s not complicated, but it has a deadline and a penalty, and it’s also where a child who wants to keep the house starts the process of protecting the parent’s low property tax base under Prop 19. This article explains what it is, when it’s due in Santa Clara County, and how it connects to selling or keeping the house. It’s part of my guide to selling a house in a trust after a death in Santa Clara County.
Key Takeaways
Summary: After a property owner dies, California requires a BOE-502-D Change in Ownership Statement to be filed with the county Assessor, usually within 150 days. It’s a short form that families often miss, and missing it can bring a penalty even if the house is sold soon after.
Where to get the form: Santa Clara County posts the BOE-502-D on the Assessor’s forms page, where it’s listed as “Death Statement.” The State Board of Equalization also publishes a sample of the form so you can see what it asks for before you start.
Not sure the BOE-502-D was filed, or what the reassessment will cost?
Text me the property address and I’ll pull the current assessed value and give you a ballpark on the supplemental tax bill, plus the Prop 19 numbers if someone in the family is thinking about keeping the house. If you’ve already filled out the form and want a second set of eyes before it goes in, send it over. It takes me a few minutes and there’s no obligation.
From my practice: Paperwork after a death has more traps than people expect. On an inherited home I sold, the title company accepted the family’s certified death certificate, but after closing the county recorder wanted one with an embossed seal. We had escrow send a prepaid overnight label and a relative mailed the original the next day. My advice is to order several certified copies with a raised seal early, and to get the county filings like the BOE-502-D on the calendar at the same time.
What the BOE-502-D Is For
Under Prop 13, California reassesses real estate when it changes ownership. A death is a change in ownership, so the Assessor needs to know who now owns the house and whether any exclusion applies. The BOE-502-D asks for the decedent’s information, the property, who is receiving it, whether it’s passing to a spouse, a child, or someone else, and whether it has been or will be sold. That information determines whether the house is reassessed and to what value.
When it’s Due
Revenue and Taxation Code section 480 requires the statement to be filed within 150 days of the date of death. If the estate is being probated, the statement is filed with the court when the inventory and appraisal is filed, and the court clerk forwards it to the Assessor. For trust administrations, which is how most Silicon Valley homes pass, the successor trustee files it directly with the Santa Clara County Assessor’s Office at the County Government Center on West Hedding Street in San Jose. Many trust attorneys prepare and file it as part of their standard work, but I always confirm, because I’ve seen it slip through the cracks when the family assumed someone else was handling it. If you don’t have a trust attorney or CPA yet, text me at 408-413-3087 and I’ll introduce you to one who knows Santa Clara County.
The Penalty
If the statement isn’t filed after the Assessor requests it, the penalty is the greater of $100 or 10 percent of the taxes on the new base-year value, up to $5,000 if the property qualifies for the homeowners’ exemption and up to $20,000 if it does not. On a Santa Clara County house reassessed to $2,000,000, 10 percent of a year’s taxes could be around $2,400. That isn’t catastrophic, but it’s money the heirs never needed to lose.
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Where Prop 19 Comes In
If a child inherits the house and makes it their own primary residence, Prop 19 lets them keep the parent’s assessed value plus up to $1,044,586 of market value, a figure that applies through February 15, 2027 and is adjusted every two years. To get it, the child generally needs to:
- Move in and make the house their primary residence within one year.
- File for the homeowners’ exemption within one year of the transfer.
- File the Claim for Reassessment Exclusion for Transfer Between Parent and Child, form BOE-19-P, within three years of the transfer or before the house is transferred to a third party, whichever comes first.
The BOE-502-D itself asks whether the property is passing to a child, which alerts the Assessor that an exclusion may be claimed. The example in my article on selling, renting, or keeping an inherited house shows how the math works on a $2,000,000 Sunnyvale home, and my Prop 19 guide for Silicon Valley families covers the rules.
A real example: The owner of one condo I sold had bought it more than 50 years earlier, which almost always means an assessed value far below market. Under Prop 19, a child can only keep that low assessment by moving in as their primary residence, and this son lived about four hours north and hadn’t been inside in more than twenty years. Selling was the practical path, and the condo sold for its full $550,000 asking price, all cash, in 37 days.
If the House Is Being Sold
When the trust or estate sells the house within months of the death, the BOE-502-D still has to be filed, and it will indicate that the property has been or will be sold. The Assessor may issue a supplemental assessment for the period between the death and the sale, reflecting the reassessment at the date of death. Escrow prorates the regular tax bill at closing, but supplemental bills can arrive later and are the trust’s or estate’s responsibility, so I advise trustees to keep a reserve in the trust account until those bills have been received and paid.
Tips From the Field
- File the BOE-502-D early, ideally in the first 60 days, along with the recording of the Affidavit of Death of Trustee.
- Keep a copy of everything you file with the Assessor and the date you filed it.
- If a child plans to move in, file the homeowners’ exemption and BOE-19-P as soon as they do, rather than waiting for the deadline.
- Watch the mail for supplemental tax bills for up to a year after the death or the sale.
- If a parent had a Prop 60, 90, or Prop 19 base-year transfer, bring those records, since they affect the assessed value.
For the full sale process and the other filings, go back to my guide to selling a house in a trust after a death in Santa Clara County, and for the closing paperwork, see what title and escrow need to sell a trust house.
Sources and Further Reading
- California State Board of Equalization: Change in Ownership FAQ
- Santa Clara County Office of the Assessor
- California State Board of Equalization: Proposition 19
Frequently Asked Questions
What is the BOE-502-D?
It’s the Change in Ownership Statement for the death of a real property owner, which tells the county Assessor who now owns the property so it can determine whether reassessment or an exclusion applies.
When is the BOE-502-D due in California?
Within 150 days after the date of death. If the estate is in probate, it’s filed with the court when the inventory and appraisal is filed.
What is the penalty for not filing a BOE-502-D?
The greater of $100 or 10 percent of the taxes on the new base-year value, up to $5,000 for a home with the homeowners’ exemption or $20,000 otherwise.
Do I need to file the BOE-502-D if we’re selling the house?
Yes. It’s required after a death regardless of whether the property is kept or sold.
When must the Prop 19 parent-child exclusion claim be filed?
The BOE-19-P generally must be filed within three years of the transfer or before the property is transferred to a third party, whichever is earlier, and the child must move in and file for the homeowners’ exemption within one year.
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