Legal Question in Wills and Trusts in California

Filing Notice of Death and Inventory and Appraisal

My uncle passed away and I am handling the probate process. I am at the step of filing with the court the Inventory and Appraisal.

I went to the assessor's office to file the Preliminary Change of Ownership report before filing the inventory and appraisal with the court. The recorder and the assessor's office told me I need an ''Affidavit of Death'' to record a new Grant Deed. In my research in handling this process it mentions nothing of filing an affidavit. I didn't think I could record a new grant deed until the end of the process with court approval in the Final Distribution.

Thanks.


Asked on 3/05/04, 12:27 pm

1 Answer from Attorneys

Scott Schomer Schomer Law Group

Re: Filing Notice of Death and Inventory and Appraisal

Without knowing all of your facts, I would tell you the following. At this point, you need to file a form called Change in Ownership Statement/Death of Real Property Owner (Form C). Although, in our experience, this form may not even be necessary. If you file an original and three copies of the Inventory, the court will notify the assessor's office and they will send you all the paperwork you need. The property will be transferred at the close of the probate either by separte order or, if you include the legal description, in your order of final distribution.

You mentioned an Affidavit of Death. Usually these forms are associated with joint tenancy. Joint tenancy interests are not subject to probate, although sometimes you have to use them to clear up old interests. For instance, if your aunt was the joint tenant and had passed away before your uncle, you would need to remove your aunt's name from title via the Affidavit of Joint Tenant.

Good luck.

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Answered on 3/05/04, 1:10 pm


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