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

Q: I'm being told I need to file a deed of distribution for my stepfather's estate.

This all arises from being appointed. My Mother's representative for her estate.

The probate court says I now need to file the deed of distribution. Can you please help me understand the process

2 Lawyer Answers

A: There are several probate attorneys who offer free consultations. Also, some of them work based on contingency fees. You can consult with an expert to make sure all your rights are preserved.

James L. Arrasmith
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Answered

A: Under California law, when you are appointed as the representative for your mother's estate, you may be required to file a deed of distribution. This deed formally transfers real property from the estate to the beneficiaries named in the will or as directed by the probate court. The purpose of the deed is to ensure that the legal title of the property is transferred to the rightful heirs.

To begin, you'll need to prepare the deed of distribution, which involves drafting the document according to California’s legal requirements. The document should include details such as the estate name, the legal description of the property, and the names of the beneficiaries receiving the property. You may also need to include a reference to the probate case number and the court's order authorizing the distribution.

After drafting the deed, it must be signed, notarized, and filed with the county recorder’s office where the property is located. This filing is necessary to update public records and officially transfer the title. It is advisable to ensure all necessary documentation is complete and accurate to avoid any issues with the property transfer.

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