My Father passed away a little over 1 yr ago. Less than a yr before he passed he purchased a home for $70k with a 30 yr mortgage. He didn't have any other assets other than a truck worth maybe $4k. He didn't leave a will, and was not married, so my Brother and I are the only heirs, he had no other children. I was told that we needed to file a succession to real property in order to get the house transferred to my Brother and I. The court has said that to file this a appraisal needs to be done w/ a probate ref and costs $700 plus. I would like to know what are the steps I have to take to file a succession, and if this appraisal is mandatory, is there any fee waiver or assistance available? lender needs a doc listing my bro &i exec.of estate at least in ordr to handle affairs w/mrtg
Estate Planning Attorney
This procedure includes many steps; too many to be explained here. Here's how I suggest that you proceed:
1. Obtain Nolo's California Probate Book (link below), either by purchasing or at a library.
2. Follow Nolo's instructions carefully, but when you have specific questions, ask here on Avvo.
I don't believe it will cost you $700 to get through this process -- but it will be expensive. The appraisal, by the Probate Referee, will probably cost about $100, and the filing fees $465. The recording fees will probably be less than $50. I don't know of any way to reduce these fees -- though you might ask the court clerk.
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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Estate Planning Attorney
Mr. Goodson has provided you with great advice. To keep costs down, you can certainly use the Nolo publication. Be conscientious of the details so that you don't miss anything. As for the fees, you should be able to accomplish the stated objective for less then the $700, hopefully. Good luck
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