Legal Question in Wills and Trusts in California

Can a Will be exercised during Probate?

My father passed away leaving only a Will he was the sole name on the deed to his home he shared with my 92 year old grandmother. In the will it states house is to go to my grandmother if she survives him by 30 days. We have to go into probate. Can the house be transferred into grandma's name now? Or must we wait until after probate?


Asked on 10/23/04, 7:28 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Can a Will be exercised during Probate?

Only via an Order for distribution can the house or other assets be transfered. Call me directly at (619) 222-3504.

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Answered on 10/25/04, 2:04 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Can a Will be exercised during Probate?

Unless there are other facts, probate is likely required to transfer the house to her--this would come with an order at the end of the process, typically about 9-12 months. If there are other assets, an early distribution may be possible, and it's also possible to sell the house during the probate, if that's the issue.

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Answered on 10/25/04, 2:14 pm


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