My husband inherited his Mom's house (handwritten will). Does he have to go through probate to get the deed in his name?

Question

We already lived with her for about a year because she was sick and needed our help. She was too sick at the end and she passed before she could make a quick deed. My husband also got very sick and couldn't take care of the title change yet. What does he have to do to get the deed in his name? Is it possible without probate? There are still almost 400000 Dollars to pay off of the house. We don't want to live here for many years. But now I need a title or deed because I want to start as sole proprietor, just working on a laptop with no merchandise, but the City still needs a home occupation permit and for that they need the deed or title in his name and for my husband to "allow that I work from his house"...

Sally Bergman · Answer

Unfortunately, there is no way to avoid a probate as that is the only way title to the property can be changed from your mother-in-law's name to her heirs. Also, if your husband has any siblings and/or nieces/nieces from a deceased sibling, they will be entitled to a share of the house.

Gerald Barry Dorfman · Answer

Yes, if the current deed (that the mom had upon death) is not held in joint tenancy or designated "transfer on death", then probate will be necessary to have it put in your husband's name. The sooner he gets started the better. The City may accept his permission once he is appointed Executor/Administrator.

James L. Arrasmith · Answer

In California, when there's an inherited property through a handwritten (holographic) will, probate is typically required unless the total value of all assets falls below $166,250 - which isn't the case here given the $400,000 mortgage. 
 
Your husband will need to file the will with the probate court and go through the probate process to legally transfer the property title into his name. This includes filing a Petition for Probate, getting Letters Testamentary issued, and eventually receiving a court order confirming the property transfer. The mortgage doesn't automatically transfer - you'll need to work with the lender regarding assumption or refinancing options. 
 
For your immediate business permit needs, you might consider contacting the city planning department to explain your situation. Some jurisdictions may accept alternative documentation, such as the death certificate, will, and proof that probate proceedings are underway. If not, you may need to wait until the probate process concludes before obtaining your home occupation permit.

Q: My husband inherited his Mom's house (handwritten will). Does he have to go through probate to get the deed in his name?