Legal Question in Real Estate Law in California

You have to probate your parents' estate. I suggest you speak with an attorney about doing a simple small estate probate. That attorney is going to want to know how title was held, and whether or not there was a trust.

You will need to administer the estate through a probate proceeding. The first thing to check is title to the home. This wil be reflected on the actual deed. If you do not have it, an attorney can obtain it by reference to the property tax bill. You will need to engage probate counsel to help you through the process, and to determine whether there is any short cut to the normal probate administration. Assuming there is a mortgage on the property, you wil also need to work through the continuing payment of the debt. As the sucessor you should be able to keep up payments, but it is extremely important that you not miss any payment under the note. Finally, with proper document you can kep your parents tax assessed value, meaning the property taxes will not be reassessed under Prop 13. This also requires some paperwork. A good probate attorney can handle these isues for you.