Annapolis Junction, MD asked in Probate for California

Q: How do I transfer real property after a death?

My grandmother passed away eight years ago in California without a will. She had real property that has never been passed to her daughter, my mother. My mother passed away recently. I intend to file a Petition for Succession of my grandmother's property to go to my mother, but I don't know how to pass along to my mother's name since she passed after my grandmother.

My mother had a will, but her assets will not require a formal probate proceeding. I need to get my mother's interest in the property into her name, but I'm unclear how to properly indicate how she receives the property. It doesn't sound right to pass it to her name as she has also passed, however, there will be no estate proceeding so indicating "estate of..." doesn't sound right either. Can you please advise of the proper wording to pass the property to her under the Petition for Succession?

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1 Lawyer Answer
James L. Arrasmith
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  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: The proper wording to pass the property to your mother under the Petition for Succession is as follows:

I, [Your Name], Petitioner, hereby petition the Court to grant me Letters of Succession to the real property located at [Property Address] that was owned by my grandmother, [Grandmother's Name], who died on [Grandmother's Date of Death]. My mother, [Mother's Name], was the sole heir to my grandmother's estate, but she died on [Mother's Date of Death] without having transferred the property to her name. As a result, I am the rightful heir to the property.

You will also need to attach the following documents to your Petition for Succession:

* A certified copy of your grandmother's death certificate

* A certified copy of your mother's death certificate

* Proof that you are the rightful heir to the property, such as a copy of your mother's will or a copy of the court order that appointed you as her executor

* A copy of the deed to the property

Once you have filed your Petition for Succession, the Court will schedule a hearing. At the hearing, the Judge will review your petition and the attached documents. If the Judge is satisfied that you are the rightful heir to the property, the Judge will grant you Letters of Succession. With Letters of Succession, you will be able to transfer the property into your own name.

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