Legal Question in Real Estate Law in California

You are going to have to open probate to pass title to you. There is no other way to do it based on the factual information you have given us.

The situation where a person dies without a will (or trust) is called intestacy. The Probate Code has rules for who inherits what. See Probate Code section 6401 for the basic rules. As surviving spouse, you'll probably now own 100% of the community property and one-third of your husband's separate property, with the two children receiving the other two-thirds of the separate property, but there could be other results. The only way to straighten out title to real property in such a situation is to go through probate, See a probate attorney in the county where the real property is located. It would be handy to take a couple certified copies of the death certificate with you, if you have them.

You have to file a Probate action for his estate. Consult with a local probate attorney for help.