Valley Springs, CA asked in Estate Planning and Probate for California

Q: Both owners died, is the house required to go into probate?

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

A: In California, when both owners of a house pass away, the need for probate depends on how the property was titled and if there were any estate planning tools in place. If the property was held as joint tenants or as community property with right of survivorship, it generally passes to the survivor without probate.

However, if it was held as tenants in common or another form that doesn't automatically transfer, probate may be required. Furthermore, if the deceased owners had a living trust and the property was transferred into that trust, probate can often be avoided.

It's essential to review the specific circumstances and relevant documents to determine the appropriate course of action. In any case, consulting with an attorney experienced in California estate law can provide guidance tailored to the situation.

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