Disclaimer: This article provides educational information only and does not constitute legal advice.
Detailed Answer
In California, when a person dies without a will, their property passes by intestate succession under Probate Code Section 6400. The court determines the heirs—typically a surviving spouse and children. If multiple heirs share ownership, you must either open a probate administration or use a simplified process if the estate qualifies.
1. Formal Probate Administration
To transfer title through formal probate, an interested heir files a petition for administration in the county probate court where the decedent resided. After appointment, the administrator:
- Collects and safeguards estate assets.
- Prepares an Inventory and Appraisal.
- Pays debts and taxes.
- Petitions the court for a distribution order.
Once the court issues the distribution order, the administrator executes a new deed transferring title to the heirs. The deed must be recorded with the county recorder.
2. Small Estate Affidavit
If the decedent’s real and personal property combined does not exceed $184,500 (adjusted yearly) and at least 40 days have passed since death, heirs may skip formal probate by using a Small Estate Affidavit under Probate Code Section 13100. The steps include:
- Prepare and notarize the affidavit listing all heirs and property.
- Attach a certified death certificate.
- Record the affidavit and a new deed with the county recorder’s office.
This method typically costs less and resolves title transfer in weeks rather than months.
3. Recording the New Title
Whether via probate or affidavit, the final step is to record:
- A certified court order or deed signed by the administrator.
- The Small Estate Affidavit and affidavit deed if applicable.
Recording establishes clear title for heirs and allows for sale or refinancing.
Heirs should notify the county assessor to update property tax records and consider consulting a probate attorney for guidance on complex estates.
Helpful Hints
- Gather multiple certified copies of the death certificate early.
- Identify and communicate with all potential heirs before filing.
- Visit the local probate court clerk to review filing requirements and fees.
- Confirm the current small estate threshold on the California Legislative Information website.
- Keep detailed records of all estate transactions and filings.