Legal Question in Wills and Trusts in California
My mom had a homemade will (just signed by a witness), which left some money to my sister (it was in a joint account with her, so that's taken care of) and left me a house in Nevada (only she was on the title). My mom passed away several years ago and now I finally need to refinance the house under my name. At the time of her death, it was valued at around $80K and now maybe $120K. Anyhow, I'm told that I can't refinance with the will and that it needs to be validated by the court.
Can someone tell me what I need to do to get the will validated by a court?
2 Answers from Attorneys
Sorry for your loss.
if your mother lived in California at the time of her death, then the will may need to be admitted to probate in the county where she resided. The proper procedure depends on what is required regarding the Nevada property and the date of death appraised value of the property.
However, since she owned real property in Nevada, you need to consult with a Nevada attorney regarding the required procedures to clear title to the real property.
You have to file a Probate action, probably in the Nevada court, to get the property title transferred under the rules of probate 'succession'. Consult a local attorney there first.
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