Affidavit of Death (noun):
A sworn statement that someone has passed away. If this is for a Trustee in California there is a Form that is submitted. The affidavit of Death and a Death Certificate are often needed together.
Joint Tenancy (noun):
The ownership of an estate or property jointly by two or more parties. The portion of each passing to the other owners on death.
What do I need to do to transfer the title to my parents house?
It depends on how the title to their house was held at the time that they died. If the house was held in joint tenancy then you need to file an affidavit of death of a joint tenant. This can be filed with the County record’s office. That will clear your parent’s name off the title and leave you as the owner of the home.
Well what if the house was titled in the name of the revocable living trust? The trustee is then responsible for conveying the title to whoever is supposed to receive the home. You may still be able to avoid probate if the title to the house was not held in the name of the trust but the house is listed in the trust’s schedule of trust assets. You can avoid probate by having the trustee file a Heggstead petition with the probate court. This will bring the house back into the trust and avoid the need for a probate.
In conclusion, if the house was held in the name of your mother or father or both of them then you will need to go through probate to transfer the title. The only way to get a clear title to the house under this situation is to receive an order from the probate Court transferring the house to the new rightful owner.
If you would like more information about how to transfer the title to your parents house, feel free to contact us today. We are here to help.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307