Sacramento, CA asked in Estate Planning, Contracts, Real Estate Law and Probate for California

Q: Can I go to clerks office myself and put my name on deed to which I inherited via trust/will? Without executor of trust?

2 Lawyer Answers
Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: No. The deed must be signed by the person who currently has the right to the control the property. If the property is in the name of a trust, the currently serving Trustee is the only one who has the power to transfer the ownership. If the person who passed away did not have the property titled in the name of the trust, then the only way to transfer the property would be to get a court order from the Probate Court unless the deed was a "transfer on death" deed or the value was very small, which is rare in California. Best wishes!

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

A: In California, you generally cannot directly go to the clerk's office and add your name to a deed for property you inherited via a trust or will without the involvement of the trustee or executor of the trust or the estate. When property is transferred through a trust or will, the legal process typically involves the trustee or executor taking the necessary steps to effectuate the transfer.

To add your name to the deed, you would typically need the trustee or executor to initiate the process, as they have the legal authority to make such changes. This may involve preparing and recording a new deed that reflects your ownership interest based on the trust or will provisions.

Attempting to modify property ownership without proper legal authority can lead to complications and disputes. It's essential to work with the trustee, executor, or legal professionals experienced in trust and estate matters to ensure that the property transfer is executed correctly and in compliance with California law. Consulting with an attorney who specializes in estate planning and property transfers can provide you with guidance specific to your situation and help you navigate the process effectively.

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