Legal Question in Wills and Trusts in California

Real Estate and Probate

The only property left to the children of a decedent is a piece of real property (a house)what process/paperwork is needed to transfer title from the parent's name to the children's? (the property is deeded as a tenants in common and there is a surviving spouse so the percent of ownership to be transferred is 50%).


Asked on 1/21/03, 7:36 am

3 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Real Estate and Probate

An Executor's Deed.

I would suggest that you hire a lawyer for this.

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Answered on 1/21/03, 8:48 am
Walter LeVine Walter D. LeVine, Esq.

Re: Real Estate and Probate

A simple Deed from the Executor, plus any tax related documents necessary for recording is all that is needed. The Deed should specify that the interest transferred is the decedent's 1/2 interest held as a tenant in common.

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Answered on 1/21/03, 10:27 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Real Estate and Probate

If the property is in California, a probate is required if the property interest is worth more than $100,000. If less, there are simpler procedures allowed, but they all are complicated enough to consult an attorney first. Rates for transfer of real property under $100,000 are generally based on an hourly fee, as this will likely be less than the statutory percentage fee.

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Answered on 1/21/03, 1:54 pm


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