Jonathan LopezSelling an Inherited Home in Woodland Hills? What California Law Says About Disclosing a Death
Many Woodland Hills homes come to market after a longtime owner passes away, often in the house itself. Heirs regularly ask whether that fact has to go in the disclosures, and whether a buyer can walk away or sue later because of it. California answers this directly in statute.
Civil Code 1710.2 says a seller or agent is not required to disclose that an occupant died on the property, or how, when the death occurred more than three years before the buyer's offer. The Legislature states it intends to "occupy the field" on death disclosures, which means this statute is the rule. Inside that three year window, a death can be a material fact, and the safest course for most sellers is to disclose it plainly. At any time, if a buyer asks directly, the answer must be truthful.
Heirs also hear that estate sales are "as is" with no disclosures. That is partly true. Civil Code 1102.2 exempts probate court ordered sales and sales by a fiduciary administering a trust or decedent's estate from the standard Transfer Disclosure Statement article. It does not exempt a revocable trust trustee who is a former owner or lived in the home within the past year, and it does not erase the duty to disclose known physical problems with the property.
In practice, a clear, honest disclosure package tends to produce cleaner offers and fewer surprises in escrow. If you are handling a family home in Woodland Hills, I can help you plan disclosures, timing, and a comp based price.
California Civil Code 1710.2 and Civil Code 1102.2, read directly on the official California Legislative Information site on 2026-10-27. Statewide law, applies to Woodland Hills (91367) the same as everywhere in California. This is general information, not legal advice; heirs should confirm specifics with a probate or real estate attorney.
Frequently Asked Questions
Do I have to tell buyers my parent died in the Woodland Hills home?
If the death was more than three years before the buyer's offer, California Civil Code 1710.2 says it is not a material fact that must be disclosed. Within three years, it can be material, so disclosure is the cautious choice.
What if the buyer asks me directly?
Civil Code 1710.2(d) does not protect an intentional misrepresentation in response to a direct question about deaths on the property. Answer honestly.
Does the manner of death matter?
The same three year rule covers both the fact of the death and its manner.
Is a probate sale exempt from the Transfer Disclosure Statement?
Yes. Civil Code 1102.2(b) exempts sales ordered by a probate court, and 1102.2(d) exempts sales by a fiduciary administering a trust or decedent's estate, with an exception for a revocable trust trustee who is a former owner or recent occupant.
Does that exemption mean I can stay silent about known defects?
No. Civil Code 1710.2(c) keeps the obligation to disclose the physical condition of the premises, and the TDS exemption does not license concealing known problems. Talk with your attorney about what your estate should disclose.
Does any of this apply to renters or a lease of the home?
Yes. Civil Code 1710.2 defines the transferee to include a purchaser, lessee, or renter, so the same three year rule applies if heirs rent the home out.
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Related reading: What am I legally required to disclose when selling my Woodland Hills home? and Inherited a house in the San Fernando Valley, now what?