Q: I inherited a house via probate court. Do I have to put my name on the deed to solidify ownership? If so, which type?
It was my mother's house who died without a will. If I have to draft a deed, I'm wondering which type of deed to record.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, when you inherit a house through probate court, the process typically includes transferring the property title to the new owner. If you've inherited your mother's house and she died intestate (without a will), the probate court generally oversees this transfer as part of settling the estate.
To solidify your ownership, it's advisable to have your name recorded on the deed. This formalizes your legal ownership and is important for any future transactions involving the property, such as selling or refinancing.
The type of deed most commonly used in these situations is a "grant deed." A grant deed guarantees that the property hasn't been sold to someone else and that there are no undisclosed encumbrances or liens against it. It's a straightforward way to ensure your legal rights as the property owner.
It's recommended to consult with a legal professional familiar with real estate and probate law in California to guide you through this process. They can provide personalized advice and ensure that all legal requirements are met in transferring the property to your 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.
