Prop 19 passed in November 2020, and more than five years later it’s still the property tax rule I explain most often to Silicon Valley families. It cut both ways. For older homeowners who want to move, it created one of the best tax breaks in the state. For families hoping to pass the family home to the kids with the low property tax intact, it took away much of what the old rules allowed. In a market where a house bought in 1978 for under $100,000 is now worth $2 million, the difference is often $10,000 to $20,000 a year in property taxes. This guide walks through both halves of Prop 19 with real San Jose numbers, the current dollar limits, the forms, and the deadlines. If you’re a longtime San Jose owner weighing a move, my San Jose senior real estate page puts Prop 19 next to the other local rules that change the plan.
Key Takeaways
Summary: Prop 19 narrowed the parent-child property tax break and expanded the base-year transfer for homeowners 55 and older. For Silicon Valley families, it decides whether a child can afford to keep a parent’s home and whether an older owner can move without a big jump in property taxes.
From my practice: When a family inherits, the first question is often whether someone will move in. In one case, the daughter who inherited her mother’s home lived three hours away in the Central Valley. Since the parent-child exclusion only applies when the child makes the home their primary residence, that put it off the table unless she moved, so she sold instead, at full asking price and all cash.
If Prop 19 is part of your plan to move, see how I help homeowners 55+ as a Silicon Valley senior real estate specialist.
What Changed Under Prop 19
Before Prop 19, the old Prop 58 rules let parents pass their primary residence to their children with no reassessment at all, regardless of value, and regardless of whether the children lived in it. Many Silicon Valley families kept inherited homes as rentals with their parents’ 1970s tax bill. For transfers on or after February 16, 2021, that ended. The house now has to become the child’s primary residence, and the protection is capped. At the same time, starting April 1, 2021, homeowners 55 and older, severely disabled homeowners, and wildfire and disaster victims gained the ability to transfer their assessed value to a replacement home in any California county, up to three times, and to a home of greater value with an adjustment.
Part One: The Parent-Child Exclusion
Who qualifies
- The house must have been the parent’s primary residence, often called the family home.
- It passes to a child, stepchild, son-in-law or daughter-in-law, or an adopted child, either at death or as a gift or sale during life. Grandchildren can qualify if their parent, the grandparent’s child, has died.
- The child must make it their own primary residence within one year and file for the homeowners’ exemption within one year.
- The child must file the claim for the exclusion, form BOE-19-P.
The math
The exclusion protects the parent’s assessed value plus a dollar amount that started at $1,000,000 and is adjusted every two years. For transfers from February 16, 2025 through February 15, 2027, it’s $1,044,586. If the market value at the time of transfer is below the parent’s assessed value plus $1,044,586, the child keeps the parent’s assessed value entirely. If it’s above, the amount over that limit is added to the parent’s assessed value.
Example 1: A Willow Glen single-family home
The parents bought their Willow Glen home in 1978 for $95,000. After decades of increases capped at 2 percent a year, their assessed value is roughly $235,000. When the last parent dies, the house is worth $2,100,000, and their daughter moves in.
| Step | Amount |
|---|---|
| Parents’ assessed value | $235,000 |
| Plus the exclusion amount | $1,044,586 |
| Limit | $1,279,586 |
| Market value at transfer | $2,100,000 |
| Amount over the limit | $820,414 |
| Daughter’s new assessed value ($235,000 plus $820,414) | $1,055,414 |
| Annual property tax at about 1.2 percent | Amount |
|---|---|
| What the parents paid | About $2,800 |
| Daughter, with the Prop 19 exclusion | About $12,700 |
| Anyone who doesn’t qualify, at full reassessment | About $25,200 |
The exclusion saves the daughter about $12,500 a year compared with full reassessment, and that savings grows over time because assessed values rise no more than 2 percent a year. The 1.2 percent rate is an approximation for much of San Jose. Your exact rate depends on the tax rate area and local bonds, which you can find on the county’s property tax bill.
Example 2: A Campbell condo
A mother’s Campbell condo has an assessed value of $180,000 and is worth $1,100,000 when she dies. Her son moves in. The limit is $180,000 plus $1,044,586, or $1,224,586. Because the market value is below that limit, the son keeps the full $180,000 assessed value, and his property tax stays close to what his mother paid.
What if there are several children?
This is where most Silicon Valley families run into trouble. The exclusion only helps the child who moves in. If three siblings inherit equally and one wants to live there, that child usually has to buy out the other two. How the buyout is structured matters a great deal for Prop 19, because a transfer between siblings isn’t a parent-child transfer. A trust that allows the trustee to make unequal, or non-pro rata, distributions can often let the child receive the whole house from the parent’s trust while siblings receive other assets or cash. I explain this in Prop 19 and sibling buyouts, and the general buyout mechanics in can an heir buy the house from the estate.
What if the child later moves out?
The exclusion lasts only as long as the house remains the child’s primary residence. If the child moves out and rents it, the house is reassessed. See what happens to the Prop 19 exclusion if the child moves out.
A real example: On one estate, the daughter who was executor was living in her parents’ home, which is exactly when families ask about the parent-child exclusion. Here, keeping it wasn’t realistic: her mother’s reverse mortgage had gone into default, a notice of default had been recorded, and the estate had no cash. We sold for $700,000 all cash 101 days after that notice, before a trustee sale could be scheduled, and the estate kept its equity.
Part Two: The 55-Plus Base-Year Transfer
This is the half of Prop 19 that should be getting far more attention from older Silicon Valley homeowners. If you or your spouse are 55 or older, you can sell your primary residence and carry your assessed value to a replacement primary residence anywhere in California, as long as you buy within two years before or after the sale. You can do it up to three times in your life.
| When you buy the replacement | Price that counts as “equal or lesser value” |
|---|---|
| Before the original home sells | Up to 100 percent of the original’s sale value |
| Within the first year after the sale | Up to 105 percent |
| Within the second year after the sale | Up to 110 percent |
If the replacement costs more than that, the difference between the replacement’s value and the original home’s sale value is added to your transferred assessed value. So a couple with a $300,000 assessed value on a Cupertino home that sells for $3,000,000 could buy a $1,800,000 single-level home in Los Gatos and keep a $300,000 assessed value. If they instead bought a $3,300,000 home within the first year, that’s above the 105 percent threshold of $3,150,000, so the $300,000 difference between the two home values would be added, for a new assessed value of about $600,000. I cover the details and strategy in the Prop 19 base-year transfer for homeowners 55 and older, and moving out of the county in moving to another California county to be near family. If you’re torn between using the transfer and staying put with a reverse mortgage, I run both scenarios side by side, including a HECM for Purchase on the replacement home, in Reverse Mortgage vs. Selling Your Silicon Valley Home.
Forms and Deadlines
| Form | Used for | Deadline |
|---|---|---|
| BOE-502-D | Change in ownership statement after a death | Within 150 days of death, or with the inventory in probate |
| BOE-19-P | Parent-child exclusion claim | Within 3 years of the transfer or before a transfer to a third party, whichever is earlier |
| BOE-19-G | Grandparent-grandchild exclusion claim | Same as BOE-19-P |
| Homeowners’ exemption claim | Establishes the child’s primary residence | Within 1 year of the transfer to receive the full benefit |
| BOE-19-B | 55-plus base-year value transfer | Generally within 3 years of buying the replacement home |
File with the Assessor in the county where the property is located. In Santa Clara County, that’s the Assessor’s Office at the County Government Center on West Hedding Street in San Jose. I explain the death-related filing in the BOE-502-D after a death.
Gift Now or Inherit Later?
Some parents ask whether they should deed the house to a child now to lock in Prop 19. The parent-child exclusion can apply to a transfer during life, but a gift during life gives up the stepped-up tax basis the child would receive at death, which on a Silicon Valley home can mean hundreds of thousands of dollars of capital gains later. I run the numbers in gifting the house to a child before death. For most families it’s the wrong move, but it’s a conversation to have with an estate attorney and CPA.
Mistakes I See
- Assuming the old rules still apply and keeping an inherited home as a rental.
- Missing the one-year move-in and homeowners’ exemption deadlines.
- Structuring a sibling buyout in a way that loses part of the exclusion.
- Deeding a house to a child during life for Prop 19 and losing the stepped-up basis.
- Older homeowners assuming they can’t afford to move because of property taxes, without checking the 55-plus base-year transfer.
Sources and Further Reading
- California State Board of Equalization: Proposition 19
- California State Board of Equalization: Change in Ownership FAQ
- Santa Clara County Office of the Assessor
Frequently Asked Questions
What is the Prop 19 exclusion amount in 2026?
For transfers from February 16, 2025 through February 15, 2027, the parent-child exclusion protects the parent’s assessed value plus $1,044,586 of market value. The amount is adjusted every two years.
Does Prop 19 apply if I rent out my parents’ house?
No. The child must make the home their primary residence within one year and file for the homeowners’ exemption. A rental is reassessed.
How is the Prop 19 parent-child exclusion calculated?
If the market value is below the parent’s assessed value plus $1,044,586, the child keeps the parent’s assessed value. If above, the excess is added to the parent’s assessed value. A $2,100,000 home with a $235,000 assessed value would be reassessed to about $1,055,414.
Can seniors transfer their property tax base under Prop 19?
Yes. Homeowners 55 or older can transfer their assessed value to a replacement primary residence anywhere in California up to three times, if the replacement is bought within two years of selling.
What form do I file for the Prop 19 parent-child exclusion?
Form BOE-19-P, filed with the county Assessor within three years of the transfer or before the property is transferred to a third party, along with a homeowners’ exemption claim within one year.
Senior Friendly Homes in Silicon Valley South
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