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AMBRECHT & BRITTAIN, LLPRule 462.260
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For purposes of reappraising real property as of the date of change in ownership of real property, the following dates shall be used: (a) Sales. (1) Where the transfer is evidenced by recordation of a deed or other document, the date of recordation shall be rebuttably presumed to be the date of ownership change. This presumption may be rebutted by evidence proving a different date to be the date all parties' instructions have been met in escrow or the date the agreement of the parties became specifically enforceable. (2) Where the transfer is accomplished by an unrecorded document, the date of the transfer document shall be rebuttably presumed to be the date of ownership change. This presumption may be rebutted by evidence proving a different date to be the date all parties' instructions have been met in escrow or the date the agreement of the parties became specifically enforceable. (b) Leases. The date the lessee has the right to possession. (c) Inheritance (by will or intestate succession). The date of death of the decedent. (d) Trusts. (1) Revocable. The date the trust becomes irrevocable. Example 1: A creates an inter vivos. revocable trust that becomes irrevocable upon Ns death. The date of change in ownership is the date of A's death. (2) Irrevocable. (A) The date the property is placed in trust Example 2: A's estate plan provides that upon A's death, property is transferred to an irrevocable testamentary trust. The date of change in ownership is the date of A's death. Example 3: A transfers to an irrevocable intervivos trust. The date of change in ownership is the date of the transfer. (B) The effectiv date of the immediate right to present possession or enjoyment of a remainder or reversion occurs upon the termination of a life estate or other similar precedent property interest. Example 4: A creates an irrevocable trust, granting A's wife, B, a life estate in the beneficial use of the property with a remainder to C and D who are unrelated to A and B. The creation of a life estate in B is a transfer subject to the interspousal exclusion from change in ownership. Upon B's death, however, a change in ownership occurs because on that date C and D have an immediate right to the present possession and enjoyment of the remainder. Effective June 11, 1997.
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