Laws, Regulations & Annotations

P

625.0000 PARENT-CHILD TRANSFER

Annotation 625.0061

625.0061 Date of Death. When real property is devised by a parent directly to a child or children, a change in ownership normally occurs on the date of death of the parent. When, however, the parent died prior to November 6, 1986, but his/her estate was probated and distributed pursuant to court decree after that date, the court of appeal in Larson v. Duca (1989) 213 Cal.App.3d 324, held that the date of distribution is the date of change in ownership, and therefore, the parent/child exclusion applies. The court narrowly limited its holding to cases involving identical facts and, therefore, its decision does not apply to distributions from testamentary trusts, in instances in which the parent died prior to November 6, 1986, but the property was distributed to the child-beneficiary after that date. The change in ownership occurs on the date of death of the parent. C 6/1/1990.