Q: What do I need to file to get house in the names of the 5 heirs? Dad died 2000 mom died 2013. house in both names.
My father passed away in Sept 2000. Him and my mother owned the house as Joint Tenants. My mother did not go to the Registrar Recorder to have the house put in her name only. She passed away in Nov 2013. I am now probating her estate, which only includes the house. What do I need to file to get the house in the names of the 5 heirs? Death of Joint Tenant to put the house solely in her name and then file Change of Ownership for the 5 heirs? I’m already passed the 4 months.
A:
To transfer the house to the names of the 5 heirs in California, given the circumstances you described, you'll need to follow these steps:
1. File an Affidavit of Death of Joint Tenant: This document is used to remove your father's name from the title, as he passed away first. You'll need to attach a certified copy of your father's death certificate.
2. Probate your mother's estate: Since your mother didn't transfer the property to her name alone before she passed away, the house is now part of her estate. You'll need to go through the probate process to distribute the property to the heirs.
3. File a Petition for Probate: This initiates the probate process. You'll need to file the petition with the Superior Court in the county where your mother resided.
4. Appoint an executor or administrator: The court will appoint an executor (if there's a will) or an administrator (if there's no will) to manage the probate process.
5. Transfer the property: Once the probate process is complete, the executor or administrator will need to file a deed transferring the property to the 5 heirs as determined by the will or by California's intestate succession laws.
Regarding the timeline, while it's best to file the Affidavit of Death of Joint Tenant within 4 months of the joint tenant's death, it can still be filed later. The most important thing is to complete the probate process and transfer the property to the heirs.
It's highly recommended to work with a probate attorney to guide you through this process, as it can be complex and time-consuming.
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.
