Legal Question in Landlord & Tenant Law in California

Dying does not make the title to property disappear; his estate owns the house, unless it was held in joint tenancy then it would automatically go to the other joint tenant. The house, if it is worth more than $100,000 [net] has to go through normal probate, but can go through a simple probate if worth less. But probate is needed to change the title to the property. An executor must be appointed by the court. Did he have a Will; that must be followed if he did.

You need to get some simple directions from an estate attorney; the particular facts of the case are very important. You can contact me if you wish further information.

As Mr. Shers said, if it was held as joint tenants, the other joint tenant can record an affidavit of death of joint tenant with a certified copy of the death certificate attached, and then the survivor will own the property. If it is held in joint tenancy the survivor can evict unlawful occupants now. If the property was held in his name alone, a probate must be opened which includes appointment of an executor of the will, or if no will then an administrator of the estate. As soon as the executor/administrator is approved by the court, they have the lawful power to manage the property until distributed to heirs, including evicting unlawful occupants.