Legal Question in Wills and Trusts in California

Small Value Real Estate - Transfer without Probate

My father passed away several years ago. It was thought that all of his assets were held jointly with my mother (with right of survivorship) and therefore nothing went through probate when he died. I am now assisting my mother in getting her affairs in order. We found that one timeshare condo week (real property currently valued at only $5,000 - $7,000) was held by my mom and dad as tennants in common rather than joint tenancy. We have been advised that she cannot sell the condo week unless there is a final decree of distribution of my father's share to my mother. Can this be done without going through probate? If so, how?


Asked on 7/15/05, 4:01 pm

1 Answer from Attorneys

Re: Small Value Real Estate - Transfer without Probate

I believe California Probate Code section 13200 has your answer. That's a seldom used law (I have only done it twice in 11 years) for real property valued at under $20,000. I think that would be the quickest and cheapest way to get it into your mom's name. Assuming everything is as simple as you state it is then the TOTAL charge would be $500. That is a total charge and would cover attorney time, court fees, etc.... I would estimate it would take 4 weeks from start to finish. Let me know if we can help!

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Answered on 7/15/05, 4:27 pm


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