Q: My mother passed and and now I have the house and deed that she did not sign over to me I want to put it in my name.
What to do
A:
I'm sorry to hear about your loss. Under California law, when a property owner passes away without formally transferring the deed of their real estate, the property usually has to go through a process known as probate. Probate is a court-supervised procedure where the deceased's assets are distributed according to their will, or if there's no will, according to state law.
In your situation, you should first determine if your mother had a will. If she did, the property will be distributed according to the terms of the will. If not, it will be distributed according to California's laws of intestate succession. As her child, you are likely a primary heir, but this can depend on other factors such as the existence of other heirs.
You may need to open a probate case in the county where your mother lived. This process involves filing certain legal documents with the court. It's often recommended to seek the guidance of an attorney who has experience in probate and estate law to help navigate this process.
Remember, the probate process can be complex, especially when dealing with real estate. It involves various steps including validating the will, appointing a personal representative, identifying and inventorying the deceased's property, paying debts and taxes, and distributing the remaining property as the will or state law directs.
It's important to handle these matters carefully to ensure the property is transferred legally and correctly. An experienced attorney can help you understand your rights and responsibilities and guide you through the probate process.
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