Bakersfield, CA asked in Estate Planning, Real Estate Law and Probate for California

Q: How can I get the deed of my late mother's house transferred to mine and my siblings names ?

My mother had a will , we are heirs to her estate. My sister was the executor. She passed (my mother) 5 years ago. The house has a mortgage and papers now say " Estate of ____ ____" I live in the house and am trying to assume the loan but I don't know how to get our names on the deed, help!

1 Lawyer Answer
Patricia Ann Brinkley
Patricia Ann Brinkley
  • Estate Planning Lawyer
  • North Las Vegad, NV
  • Licensed in California

A: If the total value of your mother's estate is over $150,000.00, that would include personal and real property, you will need to initiate probate proceedings to be appointed the administrator of your mother's estate, if she died without a will. If she did have a will, the named executor would begin these proceedings. The process is lengthy as there are numerous steps that must be taken before the real property can be transferred to the heirs.

If the total value of all assets are less than $150,000.00 you would do a petition to determine succession to real and personal property. After you file all the necessary documents and obtain a court date, if your petition is in order, the matter should conclude at the time of your hearing.

At the end of either of the aforementioned options, you and your siblings would have the real property transferred into your names.

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