Legal Question in Wills and Trusts in California

Re: Requirements to transfer property deed at death of spouse

If one spouse dies and the property is held in either joint tenancy or as community property, the deceased spouse can be taken off the title by filing an Affidavit of Death of Joint Tenant or an Affidavit of Death of Community Property Spouse with the County Recorder.

Re: Requirements to transfer property deed at death of spouse

Assuming that the decedent died without a will or living trust which dictates how the property is to be transferred, the answer to your question depends on whether the property is community property or separate property. If the property is community property, the surviving spuse may apply to the Probate Court in the county of residence of the decedent for a Spousal Property Order, an expedited procedure. If the property is not community property, a full probate will be necessary to obtain marketable title to the property. To learn more, please visit our website @ www.labusinesslawyer.com

Re: Requirements to transfer property deed at death of spouse

It depends on the form of title, whether there was a will, and whether there was a trust. In some cases, you can transfer the property without an order from the probate court, but in others you need the court order. If you would like help with this, please let me know.