Procedure for Transferring the Title of Brea CA Probate Real Estate
What is the process of transferring title of probate real estate in Brea CA? This process of transferring title for probate real estate is controlled by the statutes of the state of California and depends on whether the deceased homeowner left a will or not.
If the deceased has a will, a representative should submit the deceased homeowner’s will to probate and the probate real estate will be transferred according to the terms set in the will.
A probate is a court procedure which determines who is entitled to the property of a deceased person. This probate can proceed whether there is a will left behind by the deceased.
If there is no will, the probate court will award the real estate according to the laws of intestate succession, which is a procedure which determines the deceased heirs in accordance with their relationship to the deceased property owner.
If there is a will, all the deceased heirs designated in the will be be notified that a probate has commenced. After the deceased debts have been settled, the assets are distributed to the heirs according to the terms set in the will. The court issues an order for the transfer of legal title and ownership of the Brea CA probate real estate to the beneficiaries designated in the will. The order is recorded in the same way as a deed. In some states, a clear title is usually obtained once the probate closes but in California, you can petition the court to have the title recorded in your name even before probate closes, as long as you can provide evidence to the court that you are entitled to the real estate.
Probate Real Estate Transfer When There is a Surviving Spouse
If there is a will but the surviving spouse was not named on the original deed, the deceased spouse's will determine how the property will be distributed. If there is no will, the laws of intestate succession will be followed in determining who is entitled to the property.
Closing the Brea CA Probate Real Estate
To close the probate real estate, the executor will prepare a final account and petition for the final distribution of the probate real estate. All interested parties or beneficiaries will be notified of a court hearing if any. Once payments are made to the estate’s creditors and everything is settled, the court will approve the final distribution of assets and this closes the probate.
Before you buy probate real estate in Brea California, make sure you are aware of this process of transferring title and ownership or better yet, get the help of a real estate agent specializing in probate real estate. Visit www.DannyGomesHomes.com to know more.
Call me, Danny Gomes, at (714) 209-7333 or send me an email at Danny@DannyGomesHomes.com if you’re looking for a trusted real estate professional - one committed to Serving You with Honor, every step of the way.