Santa Cruz Estate Planning: Understanding Proposition 19
Understanding California’s Proposition 19: What Homeowners in Santa Cruz and the Bay Area Should Know Before Passing Property to Their Children
Proposition 19 has significantly changed how property is transferred between parents and children in California. Many homeowners in Santa Cruz, Capitola, Watsonville, San Jose, and throughout the Bay Area are unaware of how these changes could impact their families.
If you plan to pass your home or other real estate to your children, it’s important to understand what has changed—and how to plan accordingly.
What Changed Under Proposition 19?
Before Proposition 19, parents could transfer their personal residences (no matter the value) and up to $1,000,000 of other real property to their children without triggering a reassessment of property taxes. This allowed families across Santa Cruz County and the Bay Area to preserve lower tax bases across generations.
Under current law, that benefit is much more limited.
Now, when property is transferred from parent to child:
- Except for limited circumstances, the property is generally reassessed to the current market value
- This can result in a significant increase in property taxes
There is a limited exception, but it applies only in specific circumstances.
The Parent-to-Child Exclusion under Proposition 19 (Now Limited)
A partial-to-full exclusion from reassessment may apply if:
- The property was the parents’ primary residence at the time of transfer, and
- The child uses the property as their primary residence within one year of the transfer (requires filing a homeowner’s exemption with the county assessor)
Even then, the exclusion is capped. If the market value exceeds the assessed value by more than $1 million (as of 2026: $1,044,586), the excess amount will be reassessed.
For many families in Santa Cruz, San Jose, and surrounding Bay Area communities, rising property values mean this cap is often exceeded.
Why This Matters for Homeowners
For many homeowners, real estate is their most valuable asset.
Without proper planning:
- Children may inherit property that they cannot afford to keep
- Property taxes may increase significantly
- Long-term plans for family property may be disrupted
These changes make it more important than ever to review your estate plan and consult an attorney before making any transfers of real property.
Estate Planning Considerations
Every situation is different, but key considerations include:
- Whether your children intend to live in the property
- The potential property tax impact under Proposition 19
- How the title to the property is held
- Whether your trust and estate plan reflects current California law
For homeowners in high-value areas like Santa Cruz and San Jose, proactive planning is especially important.
A Good Time to Review Your Estate Plan
If your estate plan was created before Proposition 19, it may no longer reflect the most effective strategy for transferring property in California.
A review can help ensure your plan aligns with both your goals and current law.
Final Thought
Proposition 19 has reshaped how real property is passed from one generation to the next. With thoughtful estate planning, homeowners in Santa Cruz and the Bay Area can better prepare for these changes and avoid unintended tax consequences.
The Corman Law Offices assists clients with estate planning tailored to California law.
Contact: The Corman Law Offices at (831) 427-2414 or visit www.cormanlaw.net.
Legal Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Estate planning laws vary by state and individual circumstances. You should consult with a qualified California estate planning attorney regarding your specific situation.










