Legal Question in Wills and Trusts in California
probate of deceased joint tenant real property?
Hell,
I am trying to determine if my deceased parents (one in l998 and one 2003) needs to go through probate. I know if it's joint tenant property it says it does not, well the property is held as joint tenants and both names are still on the deed, my father's name was never taken off - can it be changed without going through probate to the surviving children through small estate administration, filing an affidavit for each of the deceased individuals?
Thank you for any help you can give me.
Priscilla
4 Answers from Attorneys
Re: probate of deceased joint tenant real property?
Generally an aff of death of JT is used for the first death to get the property into the second spouses name. Then a probate would be used (maybe a "mini" probate if gross value is under $100,000) to get the property from spouse who died in 2003 to the kids. I would be happy to help you with this if you would like professional help. I charge $175 per hour and do A LOT of probates and mini probates throughout Northern California.
Re: probate of deceased joint tenant real property?
First of all, my condolences for your loss. As to your question, you have probably learned by now from other attorneys that if the property was held jointly only between your parents, then no probate is needed from your one parent to the other, but a probate is needed from the surviving parent to the children.
While not required, you should probably seek the assistance of a probate attorney in your county/area to help you in court.
Please do not hesitate to contact me if I can be of assistance.
Sincerely,
Kai H. Wessels, Esq.
(408) 268-2580
Re: probate of deceased joint tenant real property?
The joint tenants, it sounds like, were your parents. Transfer of title between joint tenants does not require probate, merely some administrative paperwork.
If none of the children are also on title as joint tenants, there is no way to change title (assuming the property is worth more than $20K) without going through probate.
Please let me know if I can help.
Re: probate of deceased joint tenant real property?
basicly the first transfer upon your parent dying in 98 is probate free. just recording of certain documents, quick and easy --- now, assuming they did not put you or anyone else on title a probate is necessary in the county of residence because of the 03 death but it should be easy and take no more than about 6 months if there are no problems --- its not the kiss of death --- if i can aid you i am in the s.f. bay area, 925-376-1951
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