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How do you change the title of a property when the owner has died (intestate) without going through probate?

Lancaster, CA |

My husbands grandmother passed years ago, she had a will that left her house to my mother-in-law, my mother-in-law never transferred the title into her name and has now passed (intestate) how can my husband transfer the house into his name without going through probate?

Attorney Answers 3

Posted

I disagree with both Mr. Chen and Mr. Fromm to a limited extent. If the house is worth less than $50,000 you may be able to use an affidavit procedure to transfer title (see: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=13001-14000&file=13200-13210 )

If the house is worth more than that, then Messrs. Chen and Fromm are correct. If your husband's grandmother's probate was never completed, then you will need to do a "double probate" (that is, you will need to probate the grandmother's estate and then probate your mother-in-law's estate).

If you need representation, I can assist with probates in all California counties.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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Frank Wei-Hong Chen

Frank Wei-Hong Chen

Posted

I agree with Attorney Brewer's clarification.

Posted

Unless title to the house was held in "joint tenancy with right of survivorship" or held in a living trust wherein your husband is named as the beneficiary, the property will have to go through probate.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.

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Posted

You don't and he can't. As a matter of fact, two estate probate processes are necessary to ultimately get the property to your husband. Someone needs to understand that eventually you are going to need an estates attorney to clean up this neglect and mess. Get him to a good estates attorney to get these estates moving. This situation is going to continue to be unresolved until he gets legal assistance.

For a sense of what is involved in administering an estate in most states, please see the following two articles: Estate & Probate Administration: Do Not Try This On Your Own at http://www.sjfpc.com/page1.html and Pennsylvania Probate & Estate Administration: Executor Duties at http://www.sjfpc.com/pennsylvania_probate_estate__administration_duties_of_executor_and_administrator.html

Hope this helps.

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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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