How Do I Transfer Property That’s in Another Name?

When someone dies owning real estate, the property does not simply become someone else’s because that person is named in a will or expects to inherit it. Before anything is done with the property, it is important to understand how title was held, who has the right or authority to act, and what process is required to transfer or clear the ownership.

That process is not the same for every property. A house owned solely in the decedent’s name presents a different situation than property held in joint tenancy, a living trust, or another form of ownership. In California, some property may transfer without formal probate, while other property may require a court proceeding.

The practical starting point is therefore not, “How do I get this house into my name?” It is, “How was this property owned, and what has to happen before anyone has authority to make decisions about it?”

Start With the Deed

Obtain a copy of the recorded deed and determine how ownership was stated. If you do not have the deed, the county recorder’s office can generally provide a copy. I can also help you obtain a title report, which typically includes the recorded deed. If you need help getting one, let me know.

This matters because having more than one name on a deed does not automatically tell you what happens after one owner dies. Joint tenancy, tenancy in common, community property and other ownership arrangements can have different consequences. California Courts specifically recommend identifying how the decedent owned the property before determining which transfer procedure may apply.

If the property was held with a right of survivorship, the surviving owner may have a much different path from a family dealing with a house titled solely in the decedent’s name. Property held in a living trust may follow another path altogether.

Who Is Entitled to Receive the Property?

Once the ownership is understood, the next question is who is legally entitled to receive the decedent’s interest.

A will can be important, but the existence of a will does not by itself determine whether formal probate will be required. A trust, right of survivorship, surviving spouse or domestic partner rights, the value and type of property, and other circumstances can affect which procedure is available. If someone dies without a will or trust, California’s intestate succession laws may determine who inherits property.

This is an area where assumptions can cause trouble. Being a family member, beneficiary or the person everyone expects to receive the house does not necessarily mean that person already has authority to sign documents, enter a listing agreement or sell the property.

Does the Property Have to Go Through Probate?

Not necessarily.

California provides several procedures for transferring property after death, and formal probate is only one of them. Depending on how the property was owned and the circumstances of the estate, property may pass by survivorship, through a trust, through a procedure available to a surviving spouse or domestic partner, through one of California’s simplified transfer procedures, or through formal probate.

This is one reason I would not decide what to do with the real estate until the ownership and authority questions are reasonably clear. The correct procedure is a legal question, and an attorney or the appropriate court resources should be used when there is uncertainty.

Clearing the Title Is Different From Deciding What to Do With the House

Once the appropriate transfer process has been completed, the public record should accurately reflect the resulting ownership. Depending on the circumstances, that may involve court orders, affidavits, death certificates, deeds or other recorded documents.

There can also be reporting requirements following the death of a California real-property owner. The California Board of Equalization identifies a Change in Ownership Statement: Death of Real Property Owner for reporting property owned by a decedent, including information about how the property is being transferred.

Getting the title situation straight is important before the property reaches the market. Discovering an unresolved ownership problem after a buyer has entered the picture can delay or complicate a transaction that might have been much easier to address beforehand.

Then the Real-Estate Decisions Begin

Once ownership and authority are established, the questions become much more practical. Should the property be kept, occupied, rented, repaired, sold as-is, or prepared for the open market? What is it worth in its present condition? How much would improvements cost, and are they likely to produce a worthwhile return? What expenses will continue while the decision is being made?

Those are the questions where my role begins.

I do not determine who legally inherits property or prepare the documents that transfer legal ownership. Attorneys, courts, title professionals and tax professionals may need to address those matters. My role is to help the executor, administrator, trustee, beneficiary or other authorized person understand the real-estate side once the authority to act has been established.

If you have questions about a Southern California property that has been left behind after someone dies, call me. We can look at the property itself, its condition and the real-estate choices available while the appropriate professionals handle the legal transfer of ownership.