Legal Question in Wills and Trusts in California

The answer depends on where the property is located. Some counties permit you to avoid probate, others do not. If the county permits it, then you will have to file a petition to request that the property be confirmed to be in the trust.

I hope this helps.

Sincerely,

Kai H. Wessels, Esq.

Depending on the exact facts you can likely get the property into the trust via a "Heggstad" petition. This is in probate Court but is not a full probate. It is cheaper and much shorter in time than a full probate. This petition uses probate code 850, the Estate of Heggstad case and your mom's written intent to get the condo into the trust retroactive to the date of death. For real estate the intent generally has to be in writing and specificly mention the property. A house listed, by address, on a schedule of assets attached to a trust will likely work. I file these petitions throughout California and can "appear" at the Court hearing via Court Call if the Judge has any questions. I am very efficient and accurate with these petitions. Also, I am a certified specialist in probate, trust and estate planning law. Please call me so we can talk about your specific case and see if I can help you. -John