Legal Question in Wills and Trusts in California
Transfer of property deed - no will
Mom died in 1995 leaving a house valued at around 50,000. There was no will and the only heirs are her 2 children. What will need to be done to have the deed to this property transferred to her children so that it can be sold? We are hoping to avoid probate.
2 Answers from Attorneys
Re: Transfer of property deed - no will
If the property was in your mother's name only, and is worth less than $100,000, a petition under Probate Code Sections 13151-13158 can be filed to transfer the property to the heirs. It's filed in probate court, but is not a full probate--the petition is filed, and the court gives an order transferring the property.
Re: Transfer of property deed - no will
From your question, I assume your mom had no husband when she passed away. The answer will depend on the form of title and whether there was a trust. In addition, if the property value is still low, you may be able to use one of the streamlined procedures for estates of limited value. However, you may be stuck having to probate the estate. Please let me know if you would like help or a referral to an attorney in your area.
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