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How Proposition 19 Affects Parent-to-Child Home Transfers in Ventura County
How Proposition 19 Affects Parent-to-Child Home Transfers in Ventura County

How Proposition 19 Affects Parent-to-Child Home Transfers in Ventura County
Proposition 19 Changes for Inherited Properties: California’s Proposition 19 (passed in 2020) significantly changed the rules for keeping a low property tax base when a parent transfers a home to their child. Under prior law (Prop 58), parents could pass a primary residence of any value – and up to $1 million of other property – to children without a tax reassessment. Prop 19 repealed those broader exclusions as of February 16, 2021, and now limits tax breaks to transfers of a “family home” (primary residence) or family farm . In short, children inheriting a Ventura County home can keep the parents’ low Prop 13 tax base only if:
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The property was the parent’s principal residence, and the child (transferee) will also use it as their principal residence . (Rental homes, second houses, or other properties no longer qualify for exclusion.)
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The child moves in and files for the Homeowners’ Exemption within one year of the transfer . This establishes the home as the child’s primary residence. (If the child fails to occupy within one year, the property is reassessed at full market value going forward .)
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The market value is not more than $1 million higher than the parent’s taxable value at time of transfer (this $1 million benefit cap is adjusted biannually – it’s $1,022,600 for transfers between Feb 16, 2023 and Feb 15, 2025 ). If the home’s market value exceeds the cap, the child still gets a partial benefit: the parent’s assessed value plus the amount over the cap becomes the new taxable value . For example, if a Ventura home had an assessed value of $425,000 and a market value of $1.5 million at the parent’s death, the exclusion would cover the first $1,425,000 (i.e. $425k + $1,000,000 cap) and the excess $75,000 would be added to the child’s taxable value . This results in a new assessed value of $500,000 (dramatically lower than $1.5 million).
Remaining Exclusions and Requirements Under Prop 19
What is Still Excluded: If all conditions are met, the parent’s Prop 13 taxable value carries over to the child with no immediate reassessment . This family-home exclusion applies to a transfer from parent to child (or from grandparent to grandchild, if the parents are deceased) for an owner-occupied primary residence or family farm. (Notably, family farms can also qualify even without an on-site residence, as defined by law , but this is less common in urban Ventura County.) The key requirements to benefit from the exclusion are:
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Child’s Timely Occupancy & Exemption Claim: The child must move into the home and make it their principal residence within one year of the transfer . To prove this, the child needs to apply for the Homeowners’ Property Tax Exemption (or Disabled Veterans’ Exemption if applicable) on the inherited home within that year . Filing this exemption with the Assessor is crucial – it flags that the property is owner-occupied. If the child files the exemption late (after one year), the Prop 19 exclusion can only apply prospectively from the year of filing, not back to the date of transfer . In Ventura County, you must submit the homeowner’s exemption application within one year of the date of change in ownership to get the full exclusion from the date of transfer .
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Primary Residence Only: The exclusion is limited to the family home (one principal residence). Other property, like rentals or vacation homes, no longer get any parent-to-child tax break under Prop 19 . If a parent leaves multiple properties, only the principal residence (plus one family farm, if applicable) can qualify for exclusion – all other properties will be reassessed to current market value when the child takes ownership.
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Value Cap on Exclusion: As noted, Prop 19 sets a cap on the amount of market value that can be excluded from reassessment. The cap started at $1 million (over the parent’s factored base value) and is adjusted every two years for inflation . For transfers occurring now (through Feb 15, 2025), the exclusion cap is $1,022,600 beyond the parent’s taxable value . (For example, if a parent’s assessed value was $500,000, then up to roughly $1,522,600 of market value can be protected – any value above that adds to the new assessment.) The cap will rise to $1,044,586 for transfers between Feb 16, 2025 and Feb 15, 2027 . Important: If the market value does not exceed the parent’s value + cap, no reassessment occurs at all – the child simply keeps the original tax base. If it does exceed the cap, the child’s new assessed value = parent’s value + (market value – cap) . In either case, this can represent huge tax savings compared to a full market reassessment.
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Continued Residence Requirement: Prop 19 also effectively requires the inheriting child to continue using the property as their primary residence going forward (at least one of the new owner-children, if there are multiple) . If the child later moves out and the home stops being their principal residence, the exclusion ends – the Assessor will recalculate a new taxable value at that point (essentially a reassessment to the then-current market value, effective as of the next lien date after the move-out) . In practice, this means that to retain the low tax base, the property cannot be rented out or left vacant long-term; it should remain the homeowner’s primary residence.
Tip: If multiple children inherit the home, only one needs to occupy it to qualify – but all new owners must cooperate to file the necessary forms. Should the occupying child move out and another sibling move in to reside, a new claim can be filed within one year of that change to maintain the exclusion .
Ventura County Application Process and Forms
How to Claim the Exclusion: Simply inheriting a home does not automatically keep the low tax value – you must actively claim the Prop 19 exclusion with the County Assessor. In Ventura County, this involves submitting a formal Claim for Reassessment Exclusion (Form BOE-19-P) to the Assessor’s Office. The California State Board of Equalization provides Form BOE-19-P for all counties (Prop 19 parent-to-child exclusion claim) . You can obtain this form from the Ventura County Assessor’s website or office – it’s available via the Ventura County Assessor’s forms portal under “Family Transfers,” or by calling or visiting the Assessor’s Office for a copy . Once you have the form:
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Fill out Form BOE-19-P with details of the transfer, the parent-child relationship, and whether the child will occupy the home. Ventura’s Assessor may require documentation (e.g. a copy of the deed, death certificate, trust documents, and proof of relationship such as birth certificates or adoption papers). Follow any instructions provided with the form.
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File the claim form within the deadline: Under state law, you have at most 3 years from the date of transfer to file the exclusion claim (and still receive retroactive relief) . In practice, it’s best to file as soon as possible – ideally within several months of the transfer. If you miss the 3-year window, you can still file later as long as you still own the property, but the exclusion then only applies prospectively (no refund for the earlier years) . Additionally, if the Assessor sends a notice of supplemental or escape assessment due to the transfer, you have 6 months from that notice to file the claim if that is later .
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Also file for the Homeowners’ Exemption: As noted above, within one year of the transfer you must submit a Homeowners’ Exemption claim (Form BOE-266) for the property . This is a short form (separate from the exclusion claim) that simply certifies you own and occupy the home as your primary residence. It gives you a small tax exemption ($7,000 off assessed value) but, more importantly, it’s required to activate the Prop 19 parent-child benefit from the date of transfer. Ventura County typically includes Homeowners’ Exemption forms on their website; you can also request it from the Assessor. If you do not file the exemption in time, the exclusion won’t apply until the year you finally file for the exemption (meaning you could lose out on a year’s worth of tax savings).
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Submit a Change in Ownership Statement: When a property owner dies, California law requires the estate or transferee to notify the Assessor. In Ventura County you should complete a Change in Ownership Statement – Death of Real Property Owner (Form BOE-502-D) and file it with the Assessor within 150 days of the date of death (or at the time of recording the deed from a trust) to avoid penalties. This form is required even if you plan to claim a Prop 19 exclusion – it’s essentially a disclosure of the inheritance. The form asks for information on the decedent, the property, and heirs. Ventura County provides BOE-502-D on the same Assessor e-Forms portal (or you can get it directly from the Assessor’s Office). Filing this ensures the Assessor is aware of the change in ownership; you would then follow up with the BOE-19-P exclusion claim. (If you are gifting the property while alive, you would instead file a Preliminary Change of Ownership Report at the time of recording the new deed, but the exclusion claim form BOE-19-P must still be filed after the transfer.)
Ventura Assessor’s Review: After you submit the claim(s), the Ventura County Assessor’s Office will review your eligibility. They may request additional proof of parent-child relationship or occupancy. If approved, the Assessor will either completely avoid issuing a supplemental tax assessment (if fully excluded) or will issue a partial supplemental bill reflecting the new taxable value (if the market value exceeded the cap). You should receive a notice of the outcome. Always keep copies of what you file, and follow up with the Assessor’s Office if you don’t receive confirmation. For any questions, you can contact the Ventura County Assessor at (805) 654-2181 or visit their website for guidance.
Comparing Transfer Scenarios: Trusts, Estates, and Lifetime Gifts
Every family situation is different. Here’s how Proposition 19 works in a few common scenarios for passing a home to your children:
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Parent Dies Without a Trust (Probate Inheritance): If a parent in Ventura County dies owning a home without a living trust, the property will likely go through probate (or a small estate process) to determine the heir. For property tax purposes, the change in ownership occurs as of the date of death (meaning that’s the date used for the Prop 19 exclusion timeline). The child inheriting the home can still qualify for the parent-to-child exclusion, but must meet Prop 19’s conditions: the child should move in within one year of the parent’s death and file for the homeowners’ exemption . The Prop 19 claim (BOE-19-P) can be filed once the child has legal ownership or is authorized (e.g. as executor) – you do not need to wait until probate is fully closed to submit the exclusion claim. In fact, do not delay; file the claim as soon as you have authority, and certainly within 3 years . If the inheritance is still in process, you might attach a copy of the will or court petition showing you’re the intended beneficiary. Key point: Prop 19’s benefits are available whether or not a trust was in place – probate vs. trust affects the legal transfer process, but the tax exclusion can be claimed in either case as long as the child will live in the home. (One caution: if probate or legal delays prevent the child from moving in within one year, the exclusion could be jeopardized. It’s wise to work with the probate attorney and court to allow early occupancy by the child if possible.)
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Parent Dies With a Living Trust: If the home was held in a revocable living trust, it typically passes to the child quickly and without probate (per the trust terms) – a common estate planning move. For property taxes, the result is similar: the transfer is deemed to occur at the parent’s date of death when the trust became irrevocable . The child (as trust beneficiary) should record an affidavit of death of trustee and have the home retitled in their name (or in an inherited trust) promptly. From a Prop 19 perspective, the child still must move in within one year and file the homeowners’ exemption to qualify. The parent-child exclusion claim is filed by the child (or the trustee/administrator of the trust on the child’s behalf) with Ventura County. Provide a copy of the trust or certification of trust showing the parent-child relationship and your right to the property, along with the claim form. Trusts do not avoid Prop 19 rules – even with a trust, if the child does not occupy the home as required, it will be reassessed. But a trust can make it easier for the child to take title quickly, facilitating compliance with the one-year rule. Bottom line: the Prop 19 tax savings apply whether the home is inherited via trust or via will, as long as the child qualifies and files the claim .
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Lifetime Gift (Parent Transfers Home to Child While Alive): Prop 19’s parent-to-child benefits aren’t only for inheritance after death – they can also apply to lifetime transfers (for example, a parent signing a deed over to a child, or adding the child on title as a joint tenant and later removing the parent). Any transfer of real estate from parent to child after Feb 15, 2021 is subject to Prop 19’s new rules. This means if a parent gifts their Ventura home to a child now, the old Prop 58 exclusion no longer applies; Prop 19 rules will govern. To avoid reassessment, the home must become the child’s primary residence within one year of the transfer (just as with an inheritance) . The child should file a homeowners’ exemption claim and then submit Form BOE-19-P to the Ventura Assessor. One practical consideration: if the parent is still living in the house at the time of transfer, can the child also make it their primary residence? In many cases a parent won’t give away their home unless they intend to move out or live with the child. Prop 19 essentially requires the child (new owner) to take up residency; otherwise the exclusion is lost and the property gets reassessed. So a lifetime gift only makes tax sense if the child is actually going to live there. If the gift transfer occurs and the child does not occupy the home, the Assessor will do a full market reassessment (triggering higher taxes) because the exclusion conditions weren’t met. Another point: a lifetime transfer could affect the parent’s property tax base for any future move (Prop 19 also allows seniors to transfer their base value to a new home, but you can’t transfer a base value you no longer have). Always consult an attorney or tax advisor before gifting property; Prop 19 removes the old tax advantages of gifting rental or vacation property to kids, but for a primary home, a well-timed transfer with compliance can still carry over the low tax base.
Scenario Summary: No matter how the transfer occurs (death or gift, trust or no trust), the core Prop 19 requirement is the same – the property must become the child’s primary residence within a year, and a claim must be filed to avoid reassessment. A trust can streamline the transfer but doesn’t change the tax rules. Gifting a home during life is possible but only replicates the benefit if the child truly makes it a primary residence. In all cases, failing to meet the requirements means a full reassessment.
Consequences of Not Complying (Reassessment)
What if you don’t qualify or forget to file? The stakes are high. If a parent-to-child transfer **does not meet Prop 19’s conditions, the property is reassessed at current market value as of the date of transfer . Ventura County’s average home values are much higher now than the typical decades-old Prop 13 base values, so losing the exclusion often means a huge jump in annual property taxes. For example, a home that was taxed on a $300,000 assessed value (roughly $3,000/year in property tax) could easily be worth $1.5 million today – which would mean a new tax bill around $15,000/year if fully reassessed. The difference is substantial: the child or new owner would have to pay those higher taxes indefinitely.
Here are potential consequences for non-compliance or ineligibility:
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Immediate Tax Increase: The Assessor will establish a new base year value equal to the home’s fair market value at transfer (or date of death). Property taxes will be calculated on that new value going forward. The increase can be dramatic – often hundreds of percent higher than the parent’s taxes.
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Supplemental Tax Bill: In inheritance cases, the Assessor typically issues a supplemental assessment when a property is reassessed mid-year due to change in ownership. If the exclusion isn’t granted, the child will receive a one-time supplemental bill for the difference in taxes from the date of transfer to the end of the tax year, in addition to higher regular tax bills thereafter.
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No Retroactive Relief: If you miss the filing deadlines or fail to meet the residency requirement, you cannot retroactively recover the exclusion for past years. (For instance, if you occupy after one year, the best you can do is get the lower rate prospectively – you lose the benefit for the period you didn’t qualify .)
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Penalties for Non-Report: California law imposes penalties if a change in ownership isn’t reported timely. In Ventura County, if you fail to file the death change in ownership form (BOE-502-D) or deliberately misclaim a homeowners’ exemption when you’re not living in the home, you could face penalties (such as a 10% penalty on unpaid taxes or even a penalty assessment for wrongful exemption). Always be truthful and prompt in filings.
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Forced Sale Risk: In the worst case, dramatically higher taxes can make keeping the home unaffordable. One of the intentions of Prop 19’s tighter rules was to ensure inherited homes are actually used by families (and not kept as low-tax rentals). If a child cannot occupy the home or handle the higher tax burden, they may be forced to consider selling the property. Planning ahead can help avoid this outcome.
Important Figures: Remember that as of the current period (2023–2025), the Prop 19 exclusion cap is $1,022,600 over the parent’s assessed value . This figure will adjust again in 2025 (to $1,044,586) . Check the latest values with the California Board of Equalization’s Prop 19 guidance or Ventura County Assessor if your transfer is near one of the adjustment dates.
Resources and Next Steps
Navigating Prop 19 can be complex, but there are resources to help:
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California Board of Equalization (BOE) Guidance: The BOE oversees property tax rules statewide and has published a useful [Prop 19 fact sheet ](https://www.boe.ca.gov/prop19/) and an FAQ on intergenerational transfers. These detail the requirements, examples of the value limit calculation, and filing deadlines. It’s a great overview of the law’s intent and specifics.
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Ventura County Assessor’s Office: The local assessor is your primary point of contact. Visit the Ventura County Assessor’s website for information on Prop 19 family transfers (often under “Tax Savings” or “Exclusions”). They provide instructions and access to necessary forms. You can also call the Assessor’s Office at (805) 654-2181 to ask questions or confirm you’re completing everything correctly . In-person help is available at their Ventura office (800 S. Victoria Ave). The Assessor’s staff can’t give legal advice, but they can guide you on form submission and documentation required.
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Prop 19 Tax Savings Calculators: To estimate the potential tax consequences, you can use online tools. For example, the Santa Clara County Assessor offers a Prop 19 Parent-Child Transfer Calculator that lets you input the parent’s assessed value and the home’s market value to see the estimated new taxable value and tax savings under Prop 19. This can help you understand how much benefit you’d get from the exclusion, or what the tax hit would be if you don’t qualify. (The formula is the same statewide.) Another resource is the independent [Prop19.org calculator ](https://proposition19.org/prop-19-benefit-resources/proposition-19-parent-to-child-transfer-calculator/) – though not a government site, it’s based on the official rules and updated for the latest cap values.
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Official Forms: As noted, Form BOE-19-P (Claim for Reassessment Exclusion) is the critical form to file for parent-to-child transfers after Feb 16, 2021. You can download a Ventura-specific copy via the County’s Assessor e-Forms portal (look for “BOE-19-P”) or pick one up from the Assessor. Form BOE-266 (Homeowners’ Exemption) is available on the Assessor’s site as well – if you don’t already have the homeowners’ exemption on the property, include this form. And if applicable, Form BOE-502-D (Death of Real Property Owner Change in Ownership Statement) should be completed to report the inheritance. All these forms are state-prescribed but submitted locally; Ventura County’s assessor site provides them in PDF format and instructions for mailing. Typically, you will mail or hand-deliver the completed forms to the Assessor’s Office (Attn: Exclusions) at the Ventura address. Always keep copies and send via certified mail or get a receipt if delivered in person.
In summary, Proposition 19 narrowed the parent-to-child property tax exemption, but with careful planning you can still pass your Ventura County home to your children without a massive tax increase – if the home becomes their residence. Make sure to meet the deadlines (occupancy and filing) and provide all required forms. The difference in property taxes is substantial, so the effort to comply is well worth it. Consult with estate planning professionals if needed, as they can help structure the transfer (e.g. via trusts or timing strategies) to best align with Prop 19’s rules. By taking the proper steps, you’ll ensure your family keeps the low Prop 13 tax base on your long-time home, preserving that financial benefit for the next generation .
References:
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California State Board of Equalization – Prop 19 Parent-Child Transfer Guidance (value limits and rules), and Prop 19 Q&A .
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Ventura County Assessor – Family Transfers (Prop 19) Information and official forms (BOE-19-P, BOE-502-D, etc.) .
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Santa Clara County Assessor – Prop 19 Tax Estimator Tool (example calculator for parent-to-child transfer impacts) .
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Proposition19.org – Prop 19 Parent-to-Child Transfer Calculator (demonstrating tax savings and new base value under Prop 19) .