Detailed Answer
This is not legal advice. It provides general information about California law only.
1. Check for a Trust or Will
First, ask whether your parent created a revocable living trust or left a will. Real estate held in a valid trust generally passes outside probate. If a will exists, it must go through probate unless all heirs agree to a simplified procedure.
2. Review the Deed and Title History
Obtain a copy of the recorded deed from the county recorder’s office. Confirm whether the deed names only your parent or includes a reserved life estate, joint tenancy, community property with right of survivorship, or other co-owners.
3. Determine if Probate Applies
California law requires probate for real estate held solely in the decedent’s name. If the property value exceeds certain thresholds, you must open a full probate case in superior court. See California Probate Code §8000 et seq. (https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=7).
4. Understand Intestate Succession
If your parent died without a will, title passes under California’s intestate succession rules. Under Probate Code §6400, property typically goes to the surviving spouse and children. If no spouse survives, children inherit equally.
5. Obtain Letters and Transfer Title
After probate, the court issues letters testamentary (with a will) or letters of administration (without a will). The personal representative uses these letters to transfer title. They record a new deed listing heirs or beneficiaries as owners.
Helpful Hints
- Gather the death certificate and original deed before starting probate.
- Search the county recorder’s database for any recorded trusts or prior deeds.
- Consult a probate attorney if property value exceeds $150,000 or if multiple heirs dispute succession.
- Ask the court clerk about simplified probate or small estate procedures if property value is low.
- Keep detailed records of all court filings, notices, and recorded documents.