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

Q: How to get name on deseased dads deed for house he owned outright

Theres 3 sibling s im the oldest

1 Lawyer Answer
Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
PREMIUM
Answered
  • Estate Planning Lawyer
  • Carlsbad, CA
  • Licensed in California

A: To get a deed changed you need an order from the Probate Court, unless the property was in a Trust.

The Probate Court will look at the Will and hold hearings to make sure there are no problems, and then give an order for authority to distribute the assets. If there was no Will then you do the same thing except the law dvides the assets per the statute (to spouse and children) instead of per the instructions in the Will.

If the house was in a Trust then you can skip all that and the new Trustee brings the death certificate to the county clerk and fills out a couple forms: one to establish themselves as the new Trustee.

Either way, then you go to the county clerk with a new deed to make the transfers plus a PCOR form and a Prop 58 form to keep the property taxes from going up.

Shawna Murray agrees with this answer

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