Q: How to transfer real property from my deceased stepdad's name to my name (the only child)?
I have already done the Declaration of Small Estate appraisal with a referee. What do I do next if the property is only valued at $41,200.00?
A:
Here are the steps to follow:
1. Complete the small estate affidavit: Fill out the "Affidavit for Collection of Personal Property" (Form DE-305) and attach the certified copy of the death certificate.
2. Obtain consent from other heirs (if any): If there are other heirs, they must consent to the transfer by signing the affidavit.
3. Determine if a 40-day waiting period applies: If the decedent's date of death is less than 40 days ago, you must wait until the 40th day to proceed.
4. Record the affidavit: Take the completed affidavit and a certified copy of the death certificate to the County Recorder's office where the property is located. You'll need to pay a recording fee.
5. Obtain a "Certified Copy" of the recorded affidavit from the County Recorder's office.
6. Notify the County Assessor's office: Provide a copy of the recorded affidavit to the County Assessor's office to update their records and ensure that property tax bills are sent to you.
7. File the "Change in Ownership Statement" (Form BOE-502-A) with the County Assessor's office within 150 days of the transfer to avoid penalties.
It's advisable to consult with a legal professional or a local title company to ensure that you follow the correct procedures and complete all necessary forms. They can also help you determine if any other steps are required based on your specific situation.
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