Legal Question in Wills and Trusts in California
Conveyance and Probate
We were buying land under an owner financed loan. Before we could pay it off the owner had a stroke. Her son got a conservatorship but then the seller died. We want to have the county do full conveyance, but don't know if the land has to go through probate. Her son is her only child and sole heir. Can he just sign off the papers himself? What do we do? The title company gave conflicting answers, and the county recorder office did not seem to know. The seller just wants to finish the sale. Payments have been stalled.
Thanks.
2 Answers from Attorneys
Re: Conveyance and Probate
No, this does not have to go through Probate if you already entered into escrow or signed a sales contract with the deceased.
If you already signed a contract, the deal is done and he no longer is the owner. The son, as executor of his father's estate can and must complete the transaction.
As such, this item is not part of the decedent's estate and should not be included in his Probate assets. To do so would be an error on the part of the executor.
Please feel free to learn more about Probate and the Probate process on our firm's site at www.No-Probate.com
Re: Conveyance and Probate
If title to the land is not in your name, and the seller did not hold it in a trust, then you will have to transfer it through probate. If title to the land is in your name and all you need is to reconvey the loan, then you may be able to do this without a probate if the seller's estate is less than $100,000. Also, you want to look at how the seller held the property. If the seller held it in joint tenancy with another party (i.e. a wife), then the surviving tenant may be able to complete the transaction without a probate.
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