Full question:
A homeowner dies intestate with only a small home in her estate. By law, the property passes to her daughter who never transfers the title to the home to her name and then also dies intestate. Now the home passes to the granddaughter.Can the title pass from the grandmother to the granddaughter in one probate or is it necessary to probate once from Grandmother to daughter and then a second time from daughter to granddaughter?
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: California
Answer:
The answer will depend on all the facts involved, such as the titled owners on the deed, the value of the property, and whether other assets remain undistributed. California does not have a statute of limitations on probating an estate. When a person dies, their assets are distributed in the probate process. If a person dies with a valid will, an executor is named to handle the distribution of the estate. If the person dies without a valid will, the court appoints an administrator to distribute the decedent's assets according to the state's laws of intestacy. The court will issue letters of administration to the administrator, giving the authority to handle the affairs of the deceased. An heirship affidavit may also be used to conduct estate affairs when a small estate is involved. In cases where the decedent didn't own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process.
In California, if the value of a decedent's estate doesn't exceed $100,000, the small estate procedures may be used to collect and distribute the assets of the estate. An heirship affidavit may be used in place of letters of administration. If the only property was jointly owned with another or had a life estate reserved, it may have passed outside the probate process through a right of survivorship. It may be possible to consolidate the transfer in one proceeding.
We suggest you contact a local attorney who can review all the facts and documents involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
