Santa Ana, CA asked in Estate Planning and Probate for California

Q: I inherited a home from my Mother. I have durable power of attorney and a will. The will was signed by my Mom.

With three witnesses signatures as well. In the will she left everything to me. I have four siblings and no one will contest. The will was not notarized. With these documents can I get on title immediately.

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1 Lawyer Answer
Thomas E. Rossmeissl
Thomas E. Rossmeissl
  • Estate Planning Lawyer
  • Los Gatos, CA
  • Licensed in California

A: You will need to probate the will before you can take title to the property. The procedure involves preparing and filing a petition for probate, having the will admitted to probate and getting someone (you, or whoever is named as executor) appointed to administer the estate. From that point on, there are a number of steps that need to be taken, including notifying creditors, before a petition for distribution can be filed. No assets get distributed until the court authorizes distribution. Unfortunately, this can take some time. You should consult with an experienced probate attorney near you for advice and guidance.

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