Legal Question in Wills and Trusts in California

First of all, you are going to have to have his estate probated, before you get your name on anything. The mechanism by which you take title to inherited real property is a court action conveyance. It doesn't happen automatically, without court intervention, unless the title to the property was in joint tenancy, or in a trust.

If the house has a gross value of $100,000 or more then a full probate is likely necessary. Probate is a 7 month process which will end with a Court order being signed by the Judge which transfers the house to you. This order will be filed with the county recorder, in the real property records, to transfer the ownership to you. Most mortgage companies allow a family member to assume a loan when inheriting. If you want to talk to a probate attorney please call me. I practice throughout California, am very efficient, and very experienced. -John

This office can assist in either the probate or summary process via declaration. Contact me directly.