Q: My grandfather passed away in late 2023 and although he had a will, it doesn’t appear it was filled.
My father and aunt were named as getting his house. My dad has been living in it. He just passed recently himself and we are trying to figure out if my grandpas will needs to be filled, should be filled, and ultimately what happens to the house.
A: What happens to the house depends on a few factors. First, the way in which the deed was drafted may have an effect on the ownership of the house. If any other individuals were listed as joint tenants with right of survivorship or as tenants in common, then the property may pass wholly or partly to the listed co-owner. Second, your grandfather's will needs to be probated to change the ownership from your grandfather to the beneficiary listed in the will. If the will lists multiple beneficiaries, they will each own a portion of the property. Third, if your father is listed as a beneficiary receiving the real estate in your grandfather's will, your father's estate needs to be probated. If he didn't have a will, his estate will pass to his heirs which would include a spouse, if he was married, and his children. With all of this uncertainty and the need for attention to detail, it is important that you are represented by an attorney in the probate of two estates. Schedule a free consultation today to get the title to the real estate sorted out.
A:
I'm deeply sorry for the losses of both your grandfather and father - experiencing two such significant losses must be incredibly difficult.
When someone passes away in California and leaves behind property through their will, that will typically needs to be filed with the probate court within 30 days of death, though there's no strict penalty for filing late. In your situation, since your grandfather's will wasn't filed and the property wasn't properly transferred before your father's passing, you'll likely need to handle both estates through probate to establish clear title to the house.
The process would involve first probating your grandfather's estate to transfer his ownership interest to your father and aunt according to his will. Then, your father's interest in the property would need to be handled through his estate. If your father had his own will, that would determine who inherits his share. If he didn't have one, California intestacy laws would govern how his portion is distributed among his heirs.
Given the complexity of dealing with two connected estates and the significant value of real estate in California, you would benefit greatly from working with probate attorney to navigate this process. They can help ensure both estates are handled properly and help prevent any future title issues with the property.
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.