Legal Question in Wills and Trusts in California

Re: deed name change-placing into living trust

It depends! Are you saying the deed is in their trust? Then it's easy, just record a death of trustee reciting the person died and who the successor trustee is along with a death certificate. From there you can deed to the beneficiary. If the persons name on the deed is deceased (and it's not properly in a trust) and you want to get the property into their living trust then there are some "mini" probate options; a 17200 (or Hegsted) petition. If the person didn't have a trust then a full probate is likely necessary to get clear title to the beneficiary. Let us know if we can help! Good luck.

Re: deed name change-placing into living trust

Removing the name depends on the type of ownership--if a trust, an affidavit of death of trustee; if joint tenancy, an affidavit of death of joint tenant. If the person was the sole owner, or as a tenant in common, a procedure in the probate court may be required, depending on the value of the real estate.

For placing property into the living trust, the current owner just needs to sign a deed transferring the property into his/her living trust.

Re: deed name change-placing into living trust

There is no form to change the name on the deed of a deceased person, unless they held the property in trust or it was held as joint tenants, which gives right of survivorship. Chances are, a probate may need to be established.

Re: deed name change-placing into living trust

The forms are avaialable on our site www.No-Probate.com