Legal Question in Wills and Trusts in California
My parents and I are all on the deed to a house. When one of us dies, does the house go into probate if we do not have a trust?
Asked on 2/21/12, 10:22 pm
3 Answers from Attorneys
It depends on how title is held. If you hold title as joint tenants then title is retained by the survivors as joint tenants by recording an affidavit of death of joint tenant with a certified copy of the death certificate attached.
Answered on 2/21/12, 11:23 pm
Michele Cusack
Pollak & Cusack
That's correct, but if you hold title as tenants in common, the share of the deceased owner would have to be probated.
Answered on 2/22/12, 5:50 am
Anthony Roach
Law Office of Anthony A. Roach
I agree with Mr. McCormick and Ms. Cusack.
Answered on 2/22/12, 7:22 am
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