How do the three children transfer the deed to the property into all three names?

Question

Neither parents left a will when they passed away.  They owned a home with no mortgage.

Robert Long · Answer

In CA, probate is generally required if the value is over $150,000.00. If it is less, there is a special Probate petition available to cause title to be transferred to the 3 of you, if that is what you truly want. It is an inexpensive and speedy process, but you would probably have to pay an attorney about $500-750 to prepare and process it, and there is a court filing fee. Understand, no ne of you would end up with a marketable interest to sell except to the other 2, unless all 3 agreed to sell , you would be in a lifelong partnership to own and manage the property, and as you passed on yourselves there would be the potential of a forced sale ("partition and sale") by the grandchildren so that they could receive their inheritance .

Janis Blough · Answer

Consult an experienced probate attorney. Even if there is no will, an estate  can be probated and the personal representative (administrator  usually one of  the heirs) can deed the property to all three heirs or sell it and divide the  proceeds.

Shadi Ala'i AlaiShaffer · Answer

The property first needs to go through probate court if the property is over $50,000. You need to contact an attorney to assist you with this process. This is why people in California need a Trust when they have real property, so that the property can pass without court processing.

Gerald Bagazinski · Answer

I would recommend a deed with the three parties listed as tenants in common. If you have any questions, please contact me.

Edwin Fee · Answer

You should open an estate for the parent who died later, and the personal representative of the estate may execute a deed transferring the property among the three children.

Dara J. Goldsmith · Answer

The estate will need to go through probate, unless the total value of all of the assets, not just the home,  are $100,000 or less.  In Nevada that type of proceeding for a small estate is called a set aside.  You still must file with the Probate Court but you do not go through a probate administration.

Scott Pesetsky · Answer

If the property is not in a trust, and no one else's name is on the deed, a court order from a judge is required. The usual process is a petition to open probate.

Darin Christensen · Answer

You need to do a probate or, if the value is small enough, a small estate affidavit.

Brian Haggerty · Answer

Open the administration of the second of the parents to die. Do yourselves a favor, have the estate sell the house. Joint ownership of real property is a classic way to tear a family apart. One of your siblings could buy the other two out, or just sell it on the open market (I know, the market is down; take the cash, and guess what? You're buying into a down market, too, with interest rates at historic lows).

Norman Green · Answer

The children hire a lawyer and file a petition for probate.

Frances Headley · Answer

With no estate plan, you must probate the property to transfer it to the children.  You should consult a probate attorney about the process.

Victor Waid · Answer

There is a short procedure and a long procedure in probate matters concerning real property transfer from deceased's estate to current living inheritors, depending upon the value of the property,  among other rules governing transfers of real property. I strongly encourage you to obtain the services of a probate lawyer to accomplish this for you, as my experience has shown to me over the years how hard it is for the lay person to accomplish this type of matter in court.

James Frederick · Answer

This needs to go through probate. The personal representative (executor) is the only person that can legally transfer title, at this point.

John Brennan · Answer

Generally, in order to transfer real property, it will be necessary for you to engage attorney, although probate, get letters of authority, sell a home and distribute the proceeds. This should be a relatively simple and reasonably inexpensive procedure provided that no one is objecting. I would strongly suggest engaging attorney.

Jon Zahaby · Answer

If all children / siblings are in agreement regarding percentage share in the property, an informal intestate probate can be done in order to change title.

Brooke Ashton · Answer

You must go through the probate process with the courts to have the property transferred from your parents' names to your names. This requires someone being assigned as the personal representative for the estate and then proving that the children are the rightful heirs to the property.

Dwight Tompkins · Answer

In California, if the decedent left real estate property with a value of $50,000 or more; then the decedent's estate will have to be submitted to the Probate Court for administration.  One of the family should petition the Court to be appointed the Administrator.  Assuming that the 3 children are the heirs, then the Court will distribute the real estate property equally to the 3 children.

John Palley · Answer

In California, when there is no will or trust some type of probate Court petition is necessary to transfer real property after death. The main threshold is $150,000 in current value (as determined by the probate referee). If less than $150,000 an abbreviated probate procedure can be utilized. When more than $150,000 a full probate is required. It's important to work with an experienced probate attorney to make sure all the filings get done right as the total savings can be great.

Charles Perry · Answer

Most likely, the house must pass through probate.  A simplified procedure exists for estates with less than $150,000 in assets, but documents must still be filed with the court.

Neal Michael Rimer · Answer

After you finish probate on the estate assets, the judge will sign an order to transfer the property to the beneficiaries, which can then be recorded to effect a change in the ownership of the home.

Andrew Byers · Answer

In answering this I am assuming that your parents owned the home as husband and wife.  If so, someone will need to open a probate estate for the last parent to die in the county where they resided.  After the estate is opened, a personal representative will be appointed and he or she can then sign a deed transferring the home to the heirs.

Kenneth Gold · Answer

The home will have to go through probate first. If you need any help please contact me.

Ben Liu · Answer

The house and other assets will have to be probated.

Don Rosenberg · Answer

If the property is in your parents name then I am afraid the only way to transfer it to the children is through a probate administration. Probate is not a horror story and is not that expensive anymore.  We have handled 1,000's of them. If this is in Michigan in can be done through an informal process.

Gregory Herman-Giddens · Answer

In North Carolina, no deed is required when real property is inherited. Consult with an attorney to see if a probate proceeding should be commenced.

Randy Harvey · Answer

The property must go through probate and the court will authorize title transfer.  This advice is based on the limited facts that you have provided, additional facts may change the advice. We are not providing you legal advice, rather we are responding to your set of facts based on general legal principles. You should not rely on this information without consulting an attorney and providing the attorney with a complete set of facts. We provide a reduced rate initial consultation for $35.00, if you would like a more complete answer. We are not representing you in this or any other matter, unless and until you and we have entered into a written agreement for services.

Neil Lehto · Answer

You'll need to open an estate administration for the last parent who died and transfer from the estate to the three children.

Edward Armstrong · Answer

If the last surviving parent died within the last year, your family needs to open an estate in the probate division of the circuit court in the county where the parent lived/died.  You will need an attorney to help you with this.  If it's been more than a year since the last parent died you can't open an estate but you will need to file a determination of heir ship in the probate division of the circuit court.  You will also need an attorney for this.

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How do the three children transfer the deed to the property into all three names?

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