Legal Question in Wills and Trusts in California
Please assist.
Father died without a will. No living spouse. Only 3 adult children.
He has an empty land property in San Bernardino (value $11,000) in his name only.
How do we transfer the ownership to the 3 children?
Do we first file an affidavit of death with the county clerk? then what?
Thanks.
Asked on 3/14/11, 11:14 am
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
You only record an affidavit of death of a joint tenant when the property was held in joint tenancy, and one of the joint tenants has died. Otherwise, I agree with Mr. McCormick in that you would need to transfer title through probate, although there is a small estate probate procedure available.
Answered on 3/21/11, 1:26 pm
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