Legal Question in Administrative Law in California

There are four common ways to inherit property - and here, I assume, we are talking about real property (real estate). All other property is personal property. Those ways are (1) by will; (2) by trust; (3) by prior ownership as joint tenants or community property; and (4) by what is called "intestate succession," which refers to the legal rules for dividing the estate of someone who dies without a will, trust or other pre-arrangement.

In order to avoid chaos and a free-for-all when someone dies, the law has some pretty strict rules for administering the property left behind. Often, this will involve administration of the property (the "estate") of the deceased by a supposedly neutral person, called an executor if there is a will, otherwise, an administrator or personal representative. There is a process called "probate" in which a court oversees the executor or personal representative and makes sure, to the extent possible, that the property is handled properly. Often, the executor is required to be bonded.

So, what is needed is for the appropriate post-death steps to be taken, if they have not. What is appropriate will depend upon the method of inheritance (see 1 thru 4, above). Sometimes it takes no more than recording an affidavit of death as described in section 210 of the California Probate Code. In many situations, it will be necessary to open a probate proceeding. Probate can be bypassed in some cases (surviving spouse is heir, or the estate is small).

With so many variables, you probably should have at least an initial consultation with an attorney who handles administration of estates.

I am sorry to hear of your loss. If the property is valued under $ 150K, then it may be done via declaration and a certified copy of the death certificate. Otherwise the estate must be probated. Contact me directly.