Key Takeaways
- California law allows beneficiaries to acquire title to property on the date of death, but formal steps are still required.
- The transfer method depends on how the property was titled—joint tenancy, trust, community property, or probate.
- Legal documents must be properly recorded with the county recorder to make the pass official.
How to Legally Transfer Property in California After Death
Understanding California Property Transfers After Death
In California, real estate doesn’t automatically switch hands the moment someone passes away. Even though beneficiaries are considered to acquire title at death, they still need to take legal steps to formalize the passing of property. Whether the property passes via a will, a trust, or intestate succession, the type of ownership determines the legal process required.
At The Grossman Law Firm, we help clients throughout California navigate the complexities of distributing real estate after a loved one’s death. Attorney Scott Grossman focuses exclusively on probate and trust litigation and can help you understand your rights and obligations under California law.
How Title Affects the Transfer of Real Property
How the decedent held title to the property will determine what legal procedure is necessary. Below are the most common scenarios:
1. Transfer to a Surviving Spouse or Domestic Partner
If the real estate was titled as community property with or without right of survivorship, the surviving spouse or domestic partner can usually clear title using an Affidavit of Death of Spouse.
However, if the title doesn’t include survivorship language or if the real estate is being inherited outright (not by survivorship), then you will likely need to obtain a Spousal or Domestic Partner Property Order from the probate court. This requires filing a petition under California Probate Code §13500.
2. Transfer to a Surviving Joint Tenant
When the property is titled as joint tenancy, the surviving joint tenant may file an Affidavit of Death of Joint Tenant with the county recorder to remove the decedent’s name from the title.
Important Note: If the surviving joint tenant is also the decedent’s spouse, there may be property tax reasons to use a Spousal Property Petition instead.
3. Transfer to Beneficiaries of a Living Trust
If the decedent held the real estate in a revocable living trust, the successor trustee must prepare and record a new deed transferring the property to the named beneficiaries.
The Grossman Law Firm assists trustees and beneficiaries with this process, ensuring proper documentation and compliance with California law.
4. Transfer Through Probate Court
If the real estate is not held in joint tenancy, community property, or a trust, then a formal probate proceeding is required.
- The court will ultimately issue an Order for Final Distribution, which passes the title to the rightful beneficiaries or heirs.
- For real estate valued under $100,000, a simplified procedure under California Probate Code §13100 may be available.
The type of petition you need to file—and the duration of the process—depends on the estate’s value, the presence of a valid will, and the nature of the beneficiaries.
Related Resources
- What Happens If a Trustee Does Not Follow the Trust?
- How to Transfer Trust Property
- Understanding the California Probate Process
- Can’t Afford a Probate or Trust Attorney in California?
FAQ
How long does it take to transfer property after death in California?
It depends on the method. A joint tenancy transfer can be completed in as little as a few weeks. Probate, on the other hand, can take 12–18 months, depending on the court’s schedule and whether disputes arise.
Can I sell inherited property before the title is transferred?
No. You must complete the legal distribution of title before listing or selling the real estate. It typically requires court approval or recorded affidavits and deeds.
Do I need a lawyer to transfer real estate after death?
While it’s possible to handle simple distributions yourself, legal assistance is highly recommended, especially when probate is required or when disputes between heirs may arise.
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 you’re dealing with the distribution of property after a loved one’s death and aren’t sure what step to take next, we’re here to guide you.
Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.