Legal Question in Real Estate Law in California

Re: Recording after order of succession to real property

If the property (1/3) is conveyed by a Will. There will need to be a probate unless the property is worth less than $20,000.00. If the property is being conveyed by Joint Tenancy (JT - rights of survivorship). Then the deceased's 1/3 share will go to both of the parties holding 1/3, or to a single party depending on how the deed reads. It's possible that two parties each hold 1/3 (each) as JT, and one party to hold 1/3 as Tenants in Common (TC - no rights of survivorship) with the other two. So you're going to have to tell me how the deed reads.

Re: Recording after order of succession to real property

Everything depends upon the manner in which title was held before the death of the one-third owner. If all three owners held in joint tenancy, then an affadavit of death would need to be filed, and which would result in the remaining two owners each holding a one-half interest. If all three held as tenants in common, then the one-third interest would go to whomever the deceased owner left it to in his will or by intestate succession. There are other methods of holding title also, so in order to ascertain how any new deed would be drafted would require an examination of the original deed. Also of importance is why you are preparing a new deed. If there is to be a title transfer, escrow can assist you with the proper title instruments.