Legal Question in Wills and Trusts in California

Assuming your mother has passed on, if there is no trust, you or your siblings will have to open probate with the court and obtain letters of administration.

We are going to need a lot more information. It would help to know how title is held, such as whether it was a joint tenancy, whether your mother is deceased, and whether there is a trust or a will, or probate has even happened.

You need to start by telling us how title was actually held at the time of your mother's death. With that information, someone can guide you as to what you need to do.

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If the heirs want to sell it, there is no need to transfer title first. It can be sold directly out of probate. As someone mentioned in a previous answer, this assumes there house is not in a trust or destined for a trust via a pour-over will.

It all depends on how title to the house is held.

If it is held in trust, the trustee needs to execute the deed.

If the house went through probate, then the beneficiaries need to sign the deed.

If title was held in joint tenancy, then you need to purge the name of the deceased joint tenant through either an affidavit procedure or court order and then have the surviving joint tenant sign the deed.

Call or email and I will give

a more detailed reply on tuesday morning. Sounds like a full probate is likely needed unless property worth less than 100k or in trust or joint tenancy. In any event I can help you.