Legal Question in Wills and Trusts in California

Re: Does a Grant Deed have to go to probate

I think you hold the property as tenants in common. Is the property described in the trust? What does the deed say, to you as trustee? or just deeded to you? When was it deeded to you originally? If it has always been in your name, I suspect you can just sell it via a realtor. If it was in the trust and/or in your names as trustees, I think you can sell it via a realtor. If it was deeded to you on her death bed... may run into problems.

Re: Does a Grant Deed have to go to probate

A lot depends on what the trust says, whether or not the house was funded into the trust, and exactly what the deed says. Joint tenancy is merely a manner in which 2 or more people hold title, and it must specifically state joint tenancy.

I would need to review the documents to give you a firm opinion.

Re: Does a Grant Deed have to go to probate

Your question didn't include a few important facts. If the house is a trust asset (i.e. title says its in the name of the trust), then you don't have to go to probate. You should, however, send out a notice of adminstration for the trust. If the property was suppose to be in the trust but instead was in your mother's name, you should be able to file a simple probate petition transferring the property to the trust and thus avoid probate. If the property was in joint tenancy with your mother and someone who is still alive, then your mother's share automatically gets divided by operation of law. You should find a probate attorney practicing near the location of your mother's death and show him or her all the paperwork.

Re: Does a Grant Deed have to go to probate

I'd have to know more to answer--how is title held? By the trust? By you and your mother as joint tenants? In either of those cases, no probate is required, but there are still some things to be done to get the property solely in your name.

If the deed has you as tenants in common, or nothing is mentioned, probate may be required.

Have an attorney review the deed and the trust and let you know what's required.

Re: Does a Grant Deed have to go to probate

Before your questions can be answered, we need to know what the deed says, ie. Mother/Grantor hereby grants to children, a, b, and c, all her right title and interest in the property. If the deed was recorded, then the Grantees would be the owner of the property and you, the Grantees, would be the owners of the property now. I cannot tell what the "declaration of trust" is, is it a trust agreement and was the trust funded with this real property by a deed from the Grantor to the trust? A joint tenancy deed is one where the Grantees take title "as joint tenants with right of survivorship." Each joint tenant is an owner of an undivided interest in the property and upon the death of one joint tenant, the surviving joint tenant(s) are automatically, by operation of law (no probate is required) become the sole owner(s) of the property. I need more info to answer your question in full.