Legal Question in Wills and Trusts in California

Re: California Probate - real property transfer

Probate is not really something for the common person to attempt alone; a competant probate attorney is always suggested. as a paralegal, I'm certain you know how complex probate can be.

From what you state, there is already a Probate going on, so the person will need to provide the Probate Court a document requesting to sell the home through the Court. There shoul not be any transfer of title except to the new owner. The Probate Court will, however, have to approve the sale.

If you, or your friend would like some assistance, we would be happy to provide you with it. We have over 25 years working with estates and probate and have handled the exact situation in which you are dealing several times before. We also have several real estate agents that we associate with who are also practiced in dealing with Probate sales.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Re: California Probate - real property transfer

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Depending on the size of estate, your friend either needs to start a probate case or file affidavit for transfer of small estate. Your friend should immediately consult his own attorney to protect his legal rights.

Re: California Probate - real property transfer

Opening a probate proceeding is likely required, if the property is worth more than $100,000. If less, the procedures are simpler, but still probably require an attorney's help.

If your friend is worried about the costs of probate, he should know that the attorney fees (and your friend's fees, if he takes them) are ordered payable at the end of the process, so the only funds required at the beginning are for the court filing fee and the publication fee.

The will is required to be filed within 30 days of death, so your friend should see a probate attorney soon.