Sell Your Parents’ Home in Los Angeles Using a Power of Attorney – Comprehensive Guide for 2025
Selling a parent’s house is emotional and complicated.
In Los Angeles, many adult children step in when a mother or father can no longer manage the details of homeownership.
A power of attorney (POA) lets you legally act on your parent’s behalf, but state rules and family dynamics make the process unique.
This guide adapts the core ideas from a Detroit‑focused article to Los Angeles while incorporating California laws and local practices.
What a Power of Attorney Means in California
A POA is a legal document that allows you (the agent) to handle real estate tasks when the owner can’t.
According to LegalZoom, California agents can buy or sell property, collect rent, hire contractors, communicate with lenders, obtain land‑records information and represent the owner in property‑tax matters.
A POA doesn’t take away your parent’s authority—it simply authorizes you to act alongside them.
Types of POAs and Why They Matter
A general POA gives broad authority over financial and business affairs.
A limited or special POA only allows the agent to handle specific tasks such as selling one house.
California recognizes durable and non‑durable POAs; a durable document stays in effect if the principal becomes incapacitated, while a non‑durable document ends when the principal loses capacity.
A springing POA activates only when the principal becomes incapacitated.
Knowing which type suits your family helps avoid delays.
California Requirements for a Valid POA
To create a valid POA in California, both the principal and the agent must be at least 18 and have mental capacity.
The document must be signed before a notary public or two witnesses who are not related by blood or marriage.
If the POA involves real estate, notarization is mandatory.
For a durable POA, the document must say that it continues despite the principal’s incapacity.
How to Obtain a POA and Prepare for Sale
Consult an attorney
California’s probate and real‑estate laws are complex, so start by consulting a real‑estate attorney or estate‑planning lawyer.
They can help draft language that explicitly authorizes real‑estate transactions, ensuring the POA will be accepted by title companies and lenders.
Choose a trustworthy agent
Select a family member, friend or professional fiduciary you trust completely.
Your agent should be capable of handling negotiations, paperwork and sensitive family issues.
Draft and notarize the document
Work with your attorney to prepare a limited POA specifically tied to the property’s legal description.
Notarize the document and record it with the Los Angeles County recorder so there’s a public record of your authority.
Notify all parties
Inform your real‑estate agent, title company, escrow officer and any lenders that you will be using a POA.
Provide copies early for their review—general POAs are often rejected, so a tailored document reduces surprises.
Preparing the Home for Market
Even when selling under a POA, you still need to present the home well.
Clean out personal items to create a neutral space and fix visible issues such as leaky faucets or scuffed paint.
A tidy yard, trimmed hedges and fresh landscaping improve curb appeal.
Consider professional cleaning and minor repairs; a clean home signals that the property has been cared for.
If the home needs significant repairs or you’re short on time, working with an investor can simplify the process.
Cash buyers like MaxNet Homes will purchase homes as‑is, allowing you to skip repairs and showings.
Gather Essential Documents
Selling with a POA requires extra paperwork.
Make sure you have:
A valid POA document—explicitly granting authority to sell real estate.
The property deed—to prove ownership and facilitate title transfer.
Recent property tax statements and mortgage documents—to verify outstanding taxes or liens.
Inspection or appraisal reports—buyers may request them; prior appraisals and a list of improvements can support your asking price.
Having certified copies of the POA and deed ready for banks, brokers and buyers helps avoid last‑minute delays.
Navigating the Sale in Los Angeles
Avoiding and Managing Probate
Inheriting a home doesn’t always mean probate.
You can often skip probate when the home is held in a living trust, jointly owned with right of survivorship, transferred via a Transfer on Death (TOD) deed or has a named beneficiary.
In these scenarios, ownership passes directly, enabling you to sell quickly.
Probate is usually required when the will doesn’t specify what happens to the property, there are disputes among heirs or creditors, the property is solely in the deceased’s name, or the estate exceeds California’s small‑estate threshold.
If there is no will (intestate), the court determines heirs and you must complete probate before you can sell.
Selling Through Probate
If probate is necessary, follow these steps:
Get court authority—File a petition to become the executor or administrator and obtain Letters of Administration or Testamentary.
Appraise the property—A probate referee or appraiser determines fair market value; limited authority sales must typically be at least 90 % of this value.
Publish a notice of sale—In limited authority cases, advertise the sale in a local newspaper.
List and market the property—Work with a probate‑experienced real‑estate agent, highlight that it’s an inherited property and price competitively.
Handle overbids and court confirmation—If someone outbids your buyer in court, the judge confirms the highest offer.
Close and distribute funds—After closing, pay debts and fees before distributing the remaining proceeds to heirs.
A probate‑savvy agent is invaluable for complying with court rules and coordinating with attorneys and heirs.
Tax and Financial Considerations
California does not impose an inheritance tax, but selling an inherited home can trigger several other taxes.
The capital gains tax applies only to the difference between the sale price and the property’s fair market value at the date of death.
This “step‑up in basis” means the property’s cost basis resets to its market value when your parent passed away.
For example, if your parent bought the home for $100,000 and it was worth $500,000 at their death, your taxable gain is based on the difference between the sale price and $500,000, not $100,000.
Selling soon after inheriting often means little or no capital gains tax, because the sales price is close to the stepped‑up basis.
If you live in the home and make it your primary residence for two out of five years, you may exclude up to $250,000 of gains ($500,000 for married couples).
You can also defer taxes by completing a 1031 exchange, reinvesting the proceeds into another investment property and meeting IRS deadlines.
Los Angeles County follows California’s property‑tax reassessment rules.
Under Proposition 19, certain parent‑child transfers may avoid reassessment if you file within three years.
Consult a probate attorney or CPA to ensure you benefit from this rule and understand whether repairs, commissions and closing costs can be deducted from taxable gains.
Working With Power of Attorney During the Sale
A POA simplifies selling when you can’t attend closing, but you must meet strict requirements.
Redfin advises that the POA should be in writing, signed and notarized; it may need to be recorded if the agent signs the deed.
The document must specifically authorize your agent to sign deeds and closing documents and should not be overly broad.
Lenders and title companies may reject general POAs or require their own forms.
To avoid delays:
Send the POA to the title company and lender for review well before closing.
Use a limited POA tied to the property’s legal description.
Start early and coordinate with your agent and title company to confirm acceptable language.
Choose an agent who is absolutely trustworthy—fraud and misuse are real risks.
Common Challenges and How to Overcome Them
Acceptance by lenders and title companies—Some institutions refuse POAs or require specific wording.
Working with an attorney and sharing your document early helps avoid last‑minute rejections.
Invalid paperwork—Errors, outdated language or missing notarization can void a POA.
Double‑check signing requirements and record the document with the county recorder.
Multiple agents—If siblings share a POA, disagreements over price or offer selection may arise; set clear expectations and document decisions.
Emotional attachments—Selling a family home is hard; involving your parents in updates and honoring sentimental requests can ease the process.
Evaluating Offers and Negotiating
When offers start arriving, compare more than just price.
Consider contingencies, financing terms and closing timelines.
Assess each buyer’s financial capability and work with a real‑estate professional familiar with Los Angeles to understand whether the offer is competitive.
Prepare to counteroffer or make concessions while keeping your parent’s best interests at heart.
Protecting Your Parents and Preventing Fraud
Work with a lawyer who specializes in California real estate.
They can ensure the POA document contains the necessary authority, is properly notarized and filed, and help you resolve liens or encumbrances.
Screen buyers and agents carefully; choose professionals who know the Los Angeles market.
Document every step and communicate regularly with your parents to keep them involved.
MaxNet Homes: A Local Resource for Cash Sales
For many families, selling a parent’s house quickly and without repairs is a priority.
MaxNet Homes is a Los Angeles‑based cash home buyer founded by Tricia Watts, known for her appearance on HGTV’s Flipping 101.
One recent seller praised Tricia for being available whenever they had questions and for handling their loan payoff so the sale stayed smooth.
Another review from an elderly homeowner’s family noted that Tricia went above and beyond: she regularly checked in on their father, respected his wishes and closed the sale in under 30 days.
These experiences show that a compassionate buyer can ease stress and provide quick solutions.
If you’d like a hassle‑free option, consider requesting a cash offer from MaxNet Homes.
Selling as‑is means no repairs, cleaning or showings, and you can close on a timeline that works for your family.
Key Takeaways
Create a tailored POA—Use California‑compliant language, notarize it and record it.
Prepare the home—Declutter, clean and gather documents to maximize appeal.
Understand probate—Know when you can skip probate and the steps if you cannot.
Plan for taxes—Take advantage of the stepped‑up basis, explore exclusions and consult professionals.
Choose trustworthy partners—From attorneys to real‑estate agents to cash buyers, work with people who understand Los Angeles.
Act now—If you or your parent need to sell quickly, getting a personalized cash offer may be the most straightforward path.
Ready to Get Started?
Whether you’re dealing with probate or simply need to sell quickly, MaxNet Homes can help.
They offer free, no‑obligation cash offers, cover closing costs and let you pick the closing date.
Visit their website or call 1‑844‑MAXNET‑8 to learn more.
And if you’re curious about building a home instead of selling, check out “35 Steps to Building a House in Los Angeles: Your Start‑to‑Finish Guide” for a detailed look at the construction process.
Looking to sell your house fast in Los Angeles? Sell my house fast or read more on the 35 Steps to Building a House in Los Angeles: Your Start‑to‑Finish Guide.
