When does stepped-up basis take effect for inherited assets - at death or after probate?
I'm dealing with my dad's estate and really confused about the stepped-up basis timeline. If we need to sell some assets during probate to cover the estate tax, I'm not sure how the capital gains would be calculated. As I understand it, there are two possibilities: 1) The assets get stepped-up basis immediately when my dad passed away, so if we sell them during probate for roughly the same value they had at his death, we wouldn't owe capital gains tax. 2) The stepped-up basis doesn't actually happen until after probate is complete and we officially inherit everything, meaning we'd have to use dad's original cost basis for any sales during probate. This makes a huge difference for us since dad bought some property back in the 80s for like $120k that's now worth around $2.2 million. If we have to use his original basis for a sale during probate, we'd get hit with massive capital gains taxes on top of the estate tax. Anyone dealt with this before? What's the actual rule here?
23 comments


Giovanni Colombo
The good news is that the stepped-up basis occurs at the date of death - not after probate is completed. This is a common point of confusion. When someone passes away, the cost basis of inherited assets is "stepped up" to the fair market value as of the date of death (or alternatively, in some cases, the executor can elect to use the alternate valuation date, which is 6 months after death). This happens automatically by operation of law. So in your situation, if you need to sell assets during probate to pay estate taxes, the basis for calculating any capital gains would be the value at your father's date of death. If you sell those assets for approximately the same value they had when he passed, there would be minimal or no capital gains tax owed on the sale.
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CosmicCommander
•Thanks for the clear answer. Does this mean we should get formal appraisals for everything as of his date of death? He passed 3 months ago, and we're trying to figure out how to document the stepped-up value properly. Also, would this still apply if the property was held in a living trust rather than directly in his name?
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Giovanni Colombo
•Yes, you should definitely get formal appraisals for significant assets as of the date of death. This is important both for estate tax purposes and to establish the stepped-up basis. For real estate, a professional appraisal is best. For publicly traded securities, you can use the closing price on the date of death. For other assets like artwork or collectibles, specialized appraisals may be needed. The stepped-up basis rules still apply to property held in a revocable living trust. Since those trusts are "grantor trusts" for tax purposes, the assets are still considered part of your father's estate and receive the stepped-up basis at death. However, if it was an irrevocable trust with special provisions, different rules might apply.
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Fatima Al-Qasimi
I went through this exact nightmare last year with my mom's estate. The stepped-up basis happens at death, but documenting everything properly is crucial. I really wish I had found https://taxr.ai before spending weeks trying to figure it all out myself. They analyzed all our estate documents and helped identify which assets qualified for stepped-up basis and exactly how to document the valuations. Their system flagged some investment accounts we almost missed that weren't going to get the step-up, saving us thousands in potential capital gains taxes. They also created a complete report showing before/after basis values that our accountant said was perfect for IRS documentation.
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Dylan Cooper
•How does this work with cryptocurrency? My uncle passed and had substantial crypto holdings. Does taxr.ai handle digital assets too? I'm concerned about establishing accurate valuation.
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Sofia Ramirez
•I'm skeptical of online services for complex tax situations. How do they handle property in multiple states? My parents have homes in both Florida and Michigan, and I've been told stepped-up basis rules can vary by state.
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Fatima Al-Qasimi
•They absolutely handle cryptocurrency. You just upload the wallet addresses, and they pull historical pricing data to establish fair market value at date of death. They even handle the basis calculations for any staked assets or DeFi holdings which can get super complicated with inheritance. For multiple state properties, they actually specialize in this. The service analyzes both federal and state-specific tax rules that might affect stepped-up basis. They flagged that Michigan and Florida have different documentation requirements for establishing the new basis, which I wouldn't have known. They create a comprehensive report that works for both state and federal purposes.
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Dylan Cooper
I just finished using taxr.ai for my uncle's estate and the cryptocurrency situation - it was a total lifesaver! We had a mix of Bitcoin, Ethereum and some obscure altcoins that would have been a nightmare to value properly. The service pulled historical pricing from multiple exchanges to establish date-of-death values and created perfect documentation for everything. The report they generated saved me from a massive headache when we had to sell some crypto to cover estate expenses. Our accountant was impressed with how thorough the stepped-up basis documentation was. I was worried the IRS would question crypto valuations but having the third-party verification made it bulletproof. Definitely worth checking out if you're dealing with complex assets in an estate.
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Dmitry Volkov
After spending FOUR DAYS trying to get through to someone at the IRS about stepped-up basis questions for my sister's estate, I finally tried https://claimyr.com and it was lifechanging. They got me connected to an actual IRS agent in under 30 minutes! You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed that stepped-up basis happens at date of death and also explained exactly what documentation we needed for the inherited rental properties. They clarified that we needed to file specific forms I hadn't even heard about for the stepped-up depreciation basis. Would have been completely lost without getting these answers directly from the IRS.
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Dmitry Volkov
•They use an automated system that navigates the IRS phone tree and waits on hold for you. When they reach a live agent, you get a call connecting you directly. You're not skipping the line - they're just waiting in it for you so you don't have to sit there listening to the hold music for hours. They're completely legitimate and IRS-compliant. Nothing shady happening - they just solved the technical problem of automating the hold process. You still talk directly to the same IRS agents everyone else does, but without the frustration of being on hold forever. Check out their video demo if you're curious about how it actually works.
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StarSeeker
•How does Claimyr actually work? I've been trying to call the IRS for weeks about a similar stepped-up basis question for my grandmother's estate. Do they just call the IRS for you or what?
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Sofia Ramirez
•Yeah right. There's no way to skip the IRS phone queue. This sounds like a scam to me. I've been dealing with estate tax issues for months and everyone has to wait. What are they doing, paying IRS employees on the side?
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Dmitry Volkov
•They use an
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Sofia Ramirez
I was completely wrong about Claimyr. After my skeptical comment, I decided to try it anyway out of desperation. Within 45 minutes, I was talking to an actual IRS estate tax specialist who answered all my stepped-up basis questions. The agent confirmed the basis step-up occurs at death and explained how to properly document everything for our multi-state property situation. She even told me about a special form we needed for some foreign investments my parents had that our accountant missed completely. Would have been a disaster if we hadn't gotten this clarification. For anyone dealing with inherited assets, definitely worth getting your questions answered directly by the IRS. I wasted weeks trying to piece together information from various sources when I could have just gotten the definitive answers in one call.
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Ava Martinez
One important detail missing from this discussion - the alternative valuation date option! As the executor, you can choose to value the estate assets either on the date of death OR 6 months after death (if it lowers the estate tax value). This can be a huge benefit if assets decline in value after death, but there's a catch - you must use the same valuation date for ALL assets. Can't cherry pick. And whatever date you choose also becomes the basis date for stepped-up basis purposes.
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Miguel Ortiz
•Does choosing the alternative valuation date delay when heirs can start selling assets? My family's in a situation where we need to liquidate some stocks pretty quickly after mom's passing to cover expenses.
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Ava Martinez
•No, choosing the alternative valuation date doesn't delay when you can sell assets. You can sell immediately if needed - it just affects how the basis and estate tax values are calculated. If you sell assets within that 6-month period, those specific assets must be valued at the actual sale price, not the 6-month value. Other assets can still use the 6-month valuation. It's a complex calculation, but it doesn't restrict your ability to liquidate quickly. Just make sure you're tracking everything carefully for when you eventually file the estate tax return.
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Zainab Omar
Quick warning about stepped-up basis: don't forget about state-level differences! Federal rules are clear about step-up at death, but some states have their own rules. I got burned in Maryland where they had different documentation requirements than the federal.
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Connor Murphy
•California has its own quirks too with Prop 19 changing how stepped-up basis works for inherited property. Definitely check your specific state rules!
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Louisa Ramirez
This is such a relief to read! I'm going through the exact same situation with my grandmother's estate right now. She passed away 2 months ago and left behind a house she bought in 1975 for $45,000 that's now worth about $850,000. The estate attorney mentioned stepped-up basis but wasn't clear on the timing, and I've been stressed about potentially owing huge capital gains if we need to sell the house to divide the inheritance among the grandchildren. Knowing that the step-up happens immediately at death takes a huge weight off my shoulders. I'm definitely going to get a formal appraisal done ASAP to document the fair market value as of her date of death. Better to have that documentation ready than scramble for it later when we're ready to sell. Has anyone dealt with getting appraisals done months after the death? I'm worried that appraisers might have trouble establishing the exact value from 2 months ago, especially with how much the real estate market has been fluctuating.
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Everett Tutum
•Getting an appraisal a few months after death is actually pretty standard and shouldn't be a problem. Professional appraisers are trained to establish "retrospective" valuations - they can look at comparable sales, market conditions, and other factors that existed on the specific date of death to determine what the property was worth then. Make sure to tell the appraiser upfront that you need a "date of death valuation" for estate tax purposes. They'll use sales data and market conditions from around that time period rather than current values. Most estate appraisers are very familiar with this process since it's so common. You might also want to gather any recent property tax assessments, prior appraisals, or real estate listings from around the time of her passing to help support the valuation. The key is getting it done sooner rather than later while the market data from that timeframe is still readily available.
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Sean O'Donnell
Just wanted to add something that might help - if you're dealing with multiple types of assets (real estate, stocks, bonds, etc.), make sure you understand that stepped-up basis applies differently to different asset types. For publicly traded securities, you can use the closing price on the date of death, which is pretty straightforward. But for things like closely-held business interests, artwork, or collectibles, you'll definitely need professional appraisals. Also, keep in mind that if your dad had any retirement accounts (401k, IRA, etc.), those don't get stepped-up basis - they retain their original tax-deferred status and you'll owe income tax on withdrawals just like he would have. This trips up a lot of people who assume all inherited assets get the step-up treatment. Given the significant value of that property you mentioned ($2.2M vs $120K original basis), you're looking at potentially huge tax savings from the stepped-up basis. Definitely worth getting professional help to make sure you document everything correctly!
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Yuki Tanaka
•This is exactly the kind of detail I needed to hear! I had no idea that retirement accounts don't get the stepped-up basis treatment. My dad actually had a pretty substantial 401k that I was assuming would also get stepped up to current value. So if I'm understanding correctly - the $2.2M property gets stepped up from his $120K basis to the current fair market value, but if he had say $500K in his 401k, I'd still owe regular income tax on any distributions from that account just like he would have? That's a pretty significant difference in tax treatment. Are there any other common assets that don't qualify for stepped-up basis that I should be aware of? I want to make sure I'm not making any other incorrect assumptions as we work through the estate planning process.
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