Can a home title pass directly to a granddaughter without multiple probates?

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: 04/07/2025
• State: California

Answer:

The answer depends on various factors, including the ownership on the deed, the property's value, and any remaining undistributed assets. In California, there is no statute of limitations for probating an estate. When someone dies, their assets go through probate. If they have a valid will, an executor is appointed; if not, the court appoints an administrator to distribute the assets according to intestacy laws. The court issues letters of administration to the administrator, granting them authority over the deceased's affairs. In small estate cases, an heirship affidavit may suffice instead of letters of administration.

In California, if a decedent's estate is valued at less than $100,000, small estate procedures can be used for asset distribution. An heirship affidavit can replace the formal probate process. If the property was jointly owned or involved a life estate, it might transfer outside probate due to rights of survivorship. It may be possible to consolidate the transfer in one probate proceeding. We recommend consulting a local attorney to review the specific facts and documents involved.