What steps are required to transfer a property interest located out of state when all heirs agree in California? | California Probate | FastCounsel
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What steps are required to transfer a property interest located out of state when all heirs agree in California?

Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.

Detailed Answer

When a California resident dies owning real property in another state, heirs can often transfer title without a full ancillary probate by using California’s summary succession process for real property under Probate Code Sections 13200–13207. All heirs must agree on the transfer and meet the statutory requirements.

  1. Confirm Heir Agreement and Asset Details
    • Obtain certified death certificate of the decedent.
    • Gather a complete list of heirs and confirm unanimous written consent.
    • Compile legal description and county of recording for the out-of-state property.
  2. Prepare the Petition for Determination of Succession
    • Draft a petition as required by Cal. Prob. Code §13200 link. Include:
      • Decedent’s name, date of death, and last residence.
      • Description of the property.
      • Statement that no formal probate is open in any state.
      • Value of property if under the threshold (see note).
  3. File Petition in California Superior Court
    • File in the county where the decedent last resided.
    • Attach heirs’ consents, death certificate, and property description.
    • Pay the applicable filing fee. See Cal. Prob. Code §1510 for fee schedule.
  4. Provide Notice to Interested Parties
    • Serve notice as required by Cal. Prob. Code §13203 link.
    • If all heirs consent, notice may be simplified or waived by the court.
  5. Obtain Court Order Determining Succession and Transfer
    • Court issues an Order Determining Succession to Real Property under §13205 link.
    • Ensure the order names the heirs who will hold title.
  6. Record Order in the Other State
    • Obtain certified copy of the court order and death certificate.
    • Record both with the county recorder in the jurisdiction where the property is located.
    • Prepare and record a new deed transferring title to the heirs.

Helpful Hints

  • Verify each heir’s marital status and address to prevent later challenges.
  • Check for liens or encumbrances before filing the petition.
  • Consider a title search to ensure clear title transfer.
  • Consult the county recorder’s office for recording requirements in the other state.
  • If property value is low, explore whether a small estate affidavit applies (limited to personal property under Cal. Prob. Code §13100).

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.