Q: Father passed in CA but owned rental property in NJ, only moved there during COVID-19, how do I transfer property deed?

A: Thank you for asking the question!

1. Properties located outside of California passed outright to heroes and devisees without any formal private processing. It is going to be an informal transfer.

This transfer occurs outright regardless of whether other property in the estate is formally administered.

2. Consult with a qualified tax attorney. Check if any debt, loan, judgement is attached to the property.

3. If the deceased or his predeceased spouse received Media-Cal, notify the Director of Health Care Services (DHCS).

4. Give notice of death if required.

5. If there is surviving spouse or registered domestic partner, additional procedures are required.

6. Unless exclusions applies, the value of the real property is reappraised for tax purposes. Review appraisal rules, rights, and obligation.

7. Pay the processing fee if required.

8. Submit appropriate forms.

9. If the value of the property is less than $55,425, additional procedures should be pursued.

10. If a deed exists that purports to transfer decent's real property to a named beneficiary, additional procedure should be taken.

You may also need to check the laws of the state that the property is located in.

This is merely discussion of CA general laws and not a legal advice. For a comprehensive advise, more specific facts and investigation are needed. I recommend you consult with an attorney in more detail.

Please let me know if you need further assistance.

Wish you luck.

A: I'm sorry for your loss. Transferring property ownership after a parent's death can be a complex process, but here are some steps you can take:

1. Review the will: Carefully read the will to understand your father's wishes regarding the NJ property. If the will clearly specifies that the property should be transferred to you and your sister, it will make the process easier.

2. Determine if probate is necessary: If your father owned the property solely in his name, probate might be required in NJ before the property can be transferred. However, if the property was held in a trust or had a Transfer on Death (TOD) deed, probate may not be necessary.

3. File the will in NJ: If probate is required, you'll need to file the will in the county where the property is located in NJ. The probate court will then appoint you and your sister as executors.

4. Hire an attorney: Given the complexity of the situation, it's advisable to hire an attorney specializing in estate planning and probate in NJ. They can guide you through the process and help draft the necessary documents.

5. Prepare and file a deed: Once the will is probated (if necessary), you and your sister can prepare a new deed transferring the property ownership to yourselves. The attorney can assist with this.

6. Pay inheritance tax: NJ has an inheritance tax, which may apply to the property transfer. Your attorney can help determine if this tax applies and how much is owed.

7. Record the deed: After the new deed is prepared and signed, it must be recorded with the county clerk's office in NJ where the property is located.

Throughout this process, maintain open communication with your sister and keep detailed records of all expenses related to the property (taxes, maintenance, etc.) to ensure a fair split.

Please note that this is general information, and your specific situation may require additional steps. Consulting with a qualified attorney is the best way to ensure the property transfer is handled correctly and in accordance with NJ laws.