Legal Question in Wills and Trusts in California

Re: Recording

If you are nominated as the executor of his estate, and the property is worth more than $100,000, you need the probate court to appoint you executor, open probate, and get the court to order the property transferred to you (the probate process).

If the property is worth less than $100,000, there is a simplified process for getting the court order transferring the property.

Re: Recording

If your father's total estate is worth more than $100,000.00 and the house is worth more than $20,000.00 you need to file a petition for probate in your county's superior court. If the house is worth less than $20,000.00. There's a simplified proceedure. Don't fight it just start a probate. Since it's rather complex; and you get very little sympathy from the probate examiners, retain an attorney to assist you. I believe Chris was wrong on the house having to be worth less than $100,000.00. The house has to be worth less than $20,000.00 to avoid going to probate. The $20,000.00 is part of the $100,000.00. The rest of the estate is $100,000.00 minus the value of the house to do the math.

Re: Recording

As you can tell from the other two answers, you must go through probate, whether a simple probate, or a full probate (depending on the total value of the property). Only a judge after filing a probate petition can change the title to allow your name to be recorded.