Legal Question in Wills and Trusts in California

I think the deed can still be recorded after the Grantor dies.

Is this law school question?

Real property is transferred when the grantor signs a deed and records it with the county recorder where the property is located.

If the granter dies before signing, the Trustee can file a Heggstad Petition and attempt to prove to the court that the grantor intended to transfer the property into the trust and the court can then authorize the trustee to sign and record the deed.

But, Scott, if the deed was signed, and left with the lawyer to record, wouldn't it be ok to record it the next day even if the grantor died later that night?

Recording is not a requirement in California. Only the signing of the deed is necessary, and if you desire to record, then a notary signature willbe required.

A deed has to be delivered to be valid. (Indeed!) Delivery is a legal term of art that means the deed is given to the grantee with the intent that it be a present transfer of the property to the grantee. It does not have to be recorded to be valid, but rather recording puts the world on notice of the transfer, and protects against claims of subsequent bona fider purchasers. Recording also creates a presumption of delivery.

I think the delivery issue is covered in the living trust situation, since (almost always) the Grantor is also the Trustee, who is the grantee!