Fresno, CA asked in Probate for California

Q: California - Real property title transfer verbiage following Order on a Petition to Determine Succession to Real Prop.

Order determined property to be divided equally between 8 siblings and was filed with the recorder's office. Now everyone agrees to allow only sibling living in the city of the where the property is located sole ownership so that the house may be sold.

All other options have been explored yet this is how the family wants to do this.

QUESTION: When the order was filed with the recorder should a new title have been prepared at that time? If not then how would the new title naming the sole sibling read since the order does not read the way a title would, e.g. Jane Doe, a single woman?

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1 Lawyer Answer
Bill Sweeney
Bill Sweeney
  • Probate Lawyer
  • San Juan Capistrano, CA
  • Licensed in California

A: I recommend that you seek legal and tax advice before you go forward. In general, if there is a recorded court order distributing real property to a person or persons the recorded order is like a deed and shows ownership of the property to the distributee(s). If the order distributes real property equally and outright to eight siblings then they eight are equal tenants in common with each other. If all distributees agree that only one distributee or third party(ies) should own the real property you might consider having a deed prepared transferring the seven owners' interests (as grantors/quitclaimors) to the one person. Again, legal and tax advice is recommended.

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