Table of Contents
Key Takeaways
- The process for transferring a parent’s house depends on how the title was held at the time of their death.
- Property held in joint tenancy may pass by recording an Affidavit of Death of Joint Tenant.
- Property owned by a trust can often be transferred by the trustee without probate.
- If the home was owned solely by a deceased parent, a California probate proceeding may be required.
- Disputes over ownership, trusts, or inheritance rights can lead to probate or trust litigation.
How Was the House Titled?
If your parents have passed away and you need to transfer title to their house, the first step is determining how the property was owned at the time of death.
Joint Tenancy
If the property was held in joint tenancy, the surviving joint tenant can typically record an Affidavit of Death of Joint Tenant with the county recorder’s office. Moreover, this removes the deceased owner’s name from the title and automatically transfers ownership to the survivor.
Property Held in a Trust
If the home was titled in the name of a revocable living trust, the successor trustee is generally responsible for transferring the property to the beneficiary entitled to receive it under the trust terms.
In some situations, a home may not have been formally transferred into the trust but is identified as a trust asset. As a result, when that happens, a Heggstad petition may allow the court to confirm that the property belongs to the trust and avoid a full probate administration.
Property Owned by the Deceased Parent
If the house was owned solely by your parent and no other probate-avoidance mechanism applies, probate may be necessary before the title can be transferred.
The probate court ultimately issues an order allowing the title to pass to the rightful heirs or beneficiaries.
When Litigation Is Required
Many families assume they can simply sign paperwork to transfer a house after a parent dies. Unfortunately, that is not always the case.
Probate is often required when:
- The property was owned solely by the deceased parent.
- There is no valid trust holding the property.
- There are disputes among heirs or beneficiaries.
- There are questions about who should inherit the property.
When disagreements arise over a home, inheritance rights, or estate administration, litigation may be necessary to protect beneficiaries and heirs.
If questions about ownership, probate, or trust administration are preventing a property transfer, it may be important to act before the situation becomes more complicated. At The Grossman Law Firm, Attorney Scott Grossman helps California beneficiaries and heirs resolve probate and trust disputes and protect their inheritance rights.
FAQ
Do I always need probate to transfer my parents’ house?
No. Homes held in joint tenancy or properly titled in a trust may pass without a full probate proceeding.
What is a Heggstad petition?
A Heggstad petition asks the court to confirm that property belongs to a trust even though the title was never formally transferred into the trust’s name.
How long does it take to transfer title after a parent dies?
The timeline depends on how the property was owned. Trust transfers are often faster than probate administrations, while contested matters can take significantly longer.
Related Resources
How The Grossman Law Firm Can Help
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
If questions about a house title, trust administration, or probate are preventing you from receiving your inheritance, Attorney Scott Grossman and his team can help evaluate your options.
Call (888) 443-6590 or fill out our Get Help Now form. Our Intake Specialists can evaluate your case at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: March 14 2018