My parents jointly owned a house (in California) with form of ownership unspecified in the Grant Deed, and my dad passed away a while ago. He also did not leave a will. What do we need to do to transfer ownership of the house to my mom?
Is BOE-205-D Change in Ownership Statement Death of Real Property Owner the right form to file? Do we need to include my dad’s death certificate when filing the form? Do we just check “Succession without a will” in the Disposition of Real Property box? Any other forms/process?
Affidavit of Death of Joint Tenant. Change of Ownership is for assessor not title.
Yes, affidavit if joint tenants. But the question says form of ownership unspecified in the grant deed. If they are tenants in common (not joint tenants, not community property with right of survivorship...) then probate likely necessary.
Since you mentioned that the title is not specified, the title company might accept the affidavit death of joint tenant. It's worth trying to see if they will accept the affidavit death of joint tenant. If they dont, you will need to open a probate case to clear the title.
Consult with a separate attorney to determine if the information provided is in your best interest. This information is not intended to constitute legal advice. You should not act or rely upon any information appearing on this website without seeking the advice of an attorney. The law is constantly changing, the materials appearing on this website are not guaranteed to be up-to-date. The application of law is dependent on the facts of each case, and no two cases are ever similar. It is important that users of this site realize that it is risky to assume that their case is identical to someone else's, without consulting with an attorney. Neither Mr. Iloulian or www.CaRealEstateLawfirm.com can predict can guarantee, warrant or predict the outcome of your legal matter
No. You are getting the cart before the horse. Have the deed looked at by a probate attorney as most pro pers get it wrong interpreting what to do based on the deed. There are options but it all depends on getting a clear understanding of what the deed actualy says. You might need to probate your father's share of the house, though, but again suggest you have the deed looked at by a probate attorney.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline