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?
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.
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.