Sylmar, CA asked in Probate and Estate Planning for California

Q: I have letters of admission limited powers for my mom's estate. Can I have the deed transfered to me? I'm her son

There are no other persons or debtors .

I live in her home and need to get the taxes at the assesser office in my name but I must be on the deed to her home.

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2 Lawyer Answers
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, having letters of administration with limited powers for your mother's estate gives you certain authorities, but it does not automatically allow you to transfer the deed of her home into your name. As the administrator, your role is to manage and settle the estate according to state law and the terms of the will, if there is one.

If your mother left a will, the distribution of her assets, including her home, should be in accordance with her wishes as stated in the will. If she did not leave a will, her assets would be distributed according to California's intestacy laws. As her son, you may be entitled to her property, but this depends on other potential heirs and family circumstances.

Before you can transfer the property into your name, the estate must go through the probate process. During probate, the court will determine the rightful heirs and how assets should be distributed. If you are the rightful heir to the property, you can then have the deed transferred to your name.

It’s important to consult with an attorney who is experienced in probate and estate law to guide you through this process. They can provide specific advice based on the details of your mother's estate and ensure that all legal requirements are met. Remember, managing an estate can be complex, and professional guidance is crucial to navigate these matters effectively.

Howard E. Kane
Howard E. Kane
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: The transfer is accomplished via court Order, not by a Deed. So no, you cannot transfer the property to yourself. Once all procedural requirements have been met, including the preparation and filing of an Inventory and Appraisal, you or your representative will file with the court a Petition for Final Distribution and proposed Order. Once the Petition for Final Distribution is granted and the Order is signed by the court, you should obtain a certified copy and record it with the County Recorder's Office. The recorded Order is the transfer of the property to you. In other words, the transfer is accomplished by court order, not by Deed. Please note that the assigned probate referee will need to appraise the property. In addition, you should file a Preliminary Change of Ownership with the county recorder's office asap. Best of luck with this.

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