Chino Hills, CA asked in Probate and Real Estate Law for California

Q: In a California probate case, can Estate Admn. still sign/transfer a deed of title of house years after case is closed?

Probate case in california was finalized and closed but 4years later a Grant Deed was recorded showing Seller as the Estate of ....... This title transfer was done on one of the properties that was included in this probate. All property was granted to the estate administrator who is an only child.

First of all, at time document was signed there was no longer any Estate because that probate case was closed, am I right?Does it mean the Grant Deed is not valid or is it valid? the only child that received these properties did not know about this Deed recorded and had not signed any Grant deed transferring the title to that house. How can we fight this issue the fastest and easiest?

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1 Lawyer Answer

Richard Samuel Price

Answered
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: I'm not fully understanding the facts, but was the sole heir to the estate a child that was the personal representative of the estate? If so, then who signed the grant deed?

Once an administrator is discharged, then the letters of administration are terminated and the administrator no longer has powers under the Independent Administration of Estates Act. In order to transfer a property by a deed, the probate matter would have to be reopened and then administered.

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