How to Transfer a Deceased Parent’s House to Heirs in California

Short answer: If your parent died without a will (intestate) and the house was titled only in your parent’s name, you will usually need to open a probate estate in California so the court can determine heirs and transfer title. In some situations you can avoid full probate — for example, if the property passed by joint tenancy, community property with right of survivorship, or by a recorded Transfer-on-Death Deed. This article explains the common paths, documents you’ll need, and practical next steps.

Disclaimer

This is general information and not legal advice. I am not a lawyer. For advice about your specific situation, consult a California probate attorney.

How California law treats property when someone dies without a will

When someone dies intestate (without a valid will) in California, state probate law determines who inherits the decedent’s property. California’s probate statutes set out rules for intestate succession and procedures for probate administration. See California Probate Code §6400 (intestate succession) for the statutory framework: Cal. Prob. Code §6400. For general court guidance and forms, the California Courts self-help probate pages are useful: California Courts — Probate Self-Help.

Step 1 — Gather key documents

Certified copy of the death certificate (you’ll order this from the county vital records office).
The recorded deed to the house (available from the county recorder).
Mortgage statements and tax bills for the property.
Any documents showing alternative ownership: a trust, deed showing joint tenancy or community property with right of survivorship, or a Transfer-on-Death Deed (TODD).
Any outstanding bills, creditor notices, and lists of other assets and debts.

Step 2 — Check whether the house already passes outside probate

If the house already had one of these features, you may be able to transfer title without full probate:

Joint tenancy (with right of survivorship) — surviving joint owner(s) typically become sole owner automatically on proof of death. Check the deed language. To clear title you usually record an affidavit or certified death certificate with the county recorder.
Community property with right of survivorship — similar immediate transfer to surviving spouse if deed shows this ownership form.
Transfer-on-Death Deed (TODD) — if your parent executed and recorded a valid TOD deed naming beneficiaries, the beneficiary(ies) can record required documents after death to take title. California law on transfer-on-death instruments is in the Probate Code (search the Probate Code for “transfer on death deed” or use the California Courts guidance).
Title held in a living trust — if the house was owned by a revocable trust, the trustee (or successor trustee named in the trust) can transfer title according to the trust terms without probate.

Step 3 — When probate is needed

If the house is solely in your parent’s name and there is no effective TOD deed, joint owner, or trust, the property is part of the probate estate and the court must appoint someone (a personal representative) to administer the estate and transfer title. Common probate options in California:

Formal probate — the standard process if the estate is large or contains disputes. The court appoints an executor or administrator, notices are given to heirs and creditors, debts are paid, and property is distributed under court order.
Summary or simplified procedures for smaller or uncontested estates — California offers some streamlined procedures in certain circumstances (for example, small estate procedures for certain personal property). However, small estate affidavits generally apply to personal property, not real property. For options and forms, see the California Courts probate forms pages: California Courts — Probate Forms.

Typical steps to open probate in California

File a Petition for Probate in the superior court of the county where the decedent lived. The petitioner asks the court to appoint an administrator (because there is no will) to collect assets, pay debts, and distribute property.
The court issues letters (letters of administration) to the personal representative allowing them to act for the estate.
The personal representative identifies and inventories assets, gives notice to heirs and creditors, pays valid claims, and then either petitions the court for distribution of the house (if the estate must sell or otherwise allocate) or obtains court approval to transfer the house to heirs by order and a new deed.
Record the court order and the new deed at the county recorder to change title to the heirs.

Documents, timeline, and costs

Documents commonly needed to change title through probate include: petition for probate, death certificate, inventory and appraisal of estate assets, creditor notice proof, court order confirming distribution, and a deed transferring title to the heir(s). Probate timelines vary by county and case complexity — from a few months (very simple, uncontested matters) to a year or more. Costs include court fees, executor/administrator fees (statutory percentages may apply), attorney fees if you hire counsel, and accounting or appraisal fees.

When you might avoid probate entirely

Recorded joint tenancy or community property with right of survivorship.
Recorded Transfer-on-Death Deed naming beneficiaries.
Property owned by a living trust — successor trustee can transfer title.
Sometimes family members agree to an inter vivos transfer and refinance the mortgage (if any), but lenders and title companies will want clear legal title or a court order.

Practical checklist — what you can do next

Obtain several certified death certificates from the county vital records office.
Pull a copy of the recorded deed at the county recorder’s office (or online) to see how title was held.
Look for a recorded Transfer-on-Death Deed, trust documents, or a will.
If title shows joint tenancy or survivorship language, contact the county recorder about the recorder’s requirements to change title (often a death certificate plus a simple affidavit is enough).
If the house appears solely in your parent’s name with no alternative transfer method, consult a probate attorney about opening probate or using any applicable simplified procedure.
Gather documentation of any mortgage, taxes, or liens so the administrator can handle claims correctly.

Finding legal help

Probate can be procedural and fact-specific. Consider consulting a California probate attorney if:

The estate includes real property in only your parent’s name and no recorded transfer-on-death, joint tenancy, or trust;
There are multiple heirs and you need to sort ownership shares;
Creditors, tax issues, or family disputes exist.

To find an attorney: check the California State Bar’s lawyer referral service or local county bar associations. You can also use the California Courts self-help resources and forms: https://www.courts.ca.gov/selfhelp-probate.htm.

Helpful Hints

Start by checking the recorded deed and the county recorder’s records — this often quickly shows whether probate is required.
Order several certified death certificates early — many offices require originals to record changes or process claims.
If one heir will keep the house and others will accept cash or other assets, discuss this in advance. The administrator (or court) will need a formal plan to divide assets and clear title.
Keep careful records of all communications, bills paid, and steps taken to protect the property (insurance, repairs, taxes).
If there’s a mortgage, contact the lender to notify them of the death and learn loan transfer options — beware of foreclosure timelines if payments stop.
Small estate affidavits can speed transfers of personal property, but they usually do not transfer real property. Check the California Courts forms for specific procedures.

Closing notes

Transferring real property after a parent dies intestate in California often requires probate unless a clear non-probate transfer exists (joint tenancy, TODD, or trust). Start by examining the deed and recorded documents, secure death certificates, and consult a probate attorney when the property is solely in your parent’s name. For statute text and further legal details, see the California Probate Code and the California Courts’ probate self-help pages: