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

Q: In CA do I need to quitclaim a condo to the estate and then quitclaim from the estate to a person? How doI sign 1st one?

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: Your probate attorney should be helping you with this one. If you do not have a probate attorney, then you probably need one. These are not do-it-yourself projects.

To answer your first question, no, the executor does not have to change title of real property from the name of a decedent owner to the decedent's estate.

To answer your second question, no, it is ordinarily not a deed of any kind that is used to distribute real property to the heir(s) as determined by the court. (However, a deed might be used if selling the property to an unrelated party, not an heir, but you would need a court order approving the sale.)

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