Legal Question in Wills and Trusts in California

How is title to the house listed? If not tenant in common, are you joint tenants? If so, you simply need file a Notice of Death of Joint Tenant with the County Recorder. If the remaining portion of your father's estate is less than $150,000, yes, a small estate affidavit would be appropriate.

If title to the house was not as joint tenants with right of survivorship, a probate will be required to transfer title to the house. A small estate affidavit cannot be used to transfer title to real property, but a full probate may not be required. Consult with a knowledgeable probate attorney to get specific legal advice.

You can probably do a probate code 13150 succession to real estate. It's cheaper and quicker than a full probate.

I am sorry for your loss. If you and your father held the property as joint tenants, then, as Attorney Jordan states, you just need to file a Notice of Death of Joint Tenant. This notice needs to be signed (by you) and notarized. You�ll also need to attach an original or certified copy of your father�s death certificate.

Unless you and your father held the property as joint tenants, you will need to Probate the real property in order to be able to transfer it to you. But, you may qualify for a simplified Probate procedure. California Probate Code 13150 allows for this simplified Probate by using the procedure requesting that the Probate Court make an Order allowing the transfer Real Property (or Real and Personal Property). This type of petition can be used if the decedent�s real property does not exceeding $100,000 in value. To use this abbreviated procedure the following procedures must be followed:

1. The property being transferred must be either real property alone or a combination of real property and personal property; it cannot be only personal property.

2. At least 40 days must have passed since your father�s death.

3. The gross value of the property (determined at the date of death) cannot exceed $100,000.

4. All heirs, beneficiaries, or interested parties of the decedent�s property must join in the request to the Court by signing the Petition.

5. If a probate proceeding has already begun on your father�s estate, then the executor or personal representative must agree to this request for the court order in writing.

6. All of your father�s unsecured debts must have been paid.

You can email me at [email protected] if you have any other questions.