When you inherit property through the death of a friend or loved one, it will be in their name. Through the court system, it will be put in your name until you choose what is to be done with that property.
Many times it can be a very complicated process to remove someone’s name from a deed. You will need to make sure you have a clear title to the property. Once you have that, several factors such as the value of the property and who inherited it. Another factor, how it’s titled and if the decedent had a will or not. Each County will have specific steps to start the proceedings, so check with your local Recording Office or a probate real estate agent, or a Probate Attorney. Just like all Doctors are not Dentists, all Attorneys and Realtors are not experts at Probate.
Transfer Property That’s In Another Name
First, you need to figure out what type of deed do you have. If you need a copy, the county recorder’s office will have one. only one person owned the property, it might need to go through the probate system. If more than one person owned it, it would usually revert to that person. For this post, we can assume the decedent solely owned the property.
The second issue is to determine who the new legal owner of the property should be. If there is a will, there should be someone named. If there is no will (Intestate), you will need to determine how the property passes … based on the state in which the property is located.
You can remove decedent’s name through probate. If the property’s new owner is found in the will, the will must be probated for ownership to change. A Probate Realtor® or Attorney can handle these proceedings, and I can guide you through the process.
In the third step, you will need to wait for the title to clear. A legal Death Certificate will need to be given, and the beneficiary will need to provide proof of identification to the Court system. In some cases, even more identification and proof are required.
If you have more questions about probate or looking to handle a property through Probate in Southern California, please contact me today.
