Legal Question in Wills and Trusts in California

Perhaps. Depending on the will or the intestacy laws, you may be able to do a spousal property petition. It would also be important to see the actual deed. If the term "As Joint Tenancy" is there, it may be a termination of Joint Tenancy. There are also affidavit procedures applicable for property of small value. Seek the advice of a California Estate Attorney.

If your husband had a Will and has other beneficiaries besides you that might be more complicated. Otherwise you may be able to use just a Surviving Spouse Affidavit. You should consult with an attorney and bring any Will that your husband had.

The key issue is going to be whether "joint tenants" appears in the deed. If you held title as joint tenants, then all you have to do is file an affidavit of death of joint tenant. Otherwise you will need to probate it, in California. California requires a separate probate in CA for real property here, even if the main probate is elsewhere. If it's appraised value is low enough, though, you may be able to do the expedited probate.

On a separate but very relevant issue, however, California does not allow the existence of landlocked parcels. If a parcel is landlocked by a subdivision or sale, an easement by necessity is deemed to be created. In order to enforce that, however, you would need a court order, unless the owner of the property over which the easement would be enforced just grants one. If you had title insurance when you bought the parcel, you may still be insured for the cost of such an action. If not you (or your heirs) will have to obtain a grant or judgment of an easement, or sell it to someone willing to take that on.

Since you are going to have to deal with legal proceedings at this time, it may be a good time either to clean up the access issue or just sell the property. If you would like further information and/or assistance with that, feel free to contact me. I was a VP and Associate General Counsel for Fidelity National Title Ins. Co. for the better part of a decade; so I am very familiar with this kind of situation.