Legal Question in Wills and Trusts in California

Re: Do you have to file in Probate Court, if there isn't a will?

I assume you're talking about a deed of trust and not a deed to the property (if it is the deed to the property, there's a simple form called affidavit of death of joint tenenat that you record). In general, the deed of trust is a document that your lender controls, so the practical way to deal with your situation is to notify the lender of the death and find out what reqirements the lender has to remove the name. Your lender will probably want to know if there is a probate case. If the lender will not cooperate or insists on acting only in accordance with a court order, you may need to open probate to deal with the situation. Any futher details would require us to know more details.

Re: Do you have to file in Probate Court, if there isn't a will?

if all three of you were on the deed as joint tenants there is a simple form any attorney can draft to take mom's name off the deed. you dont need a probate. if oyur names are not on the deed as joint tenants then you need to probate.