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
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.