If a current, recorded deed shows the property was conveyed out of your mother’s ownership decades before she died, the property generally is not part of her probate estate and you typically have no legal ownership interest. That is the usual result when a valid conveyance transferred title during the decedent’s lifetime. There are exceptions (for example, if the deed was forged, procured by fraud or undue influence, or otherwise voidable), in which case you may have limited legal remedies—but those require timely action and proof. This page explains what to check, what remedies might exist under California law, and practical next steps.

Detailed answer — how a prior conveyance affects inheritance under California law

1. Basic rule: a valid conveyance during life removes the property from the estate

When someone properly conveys real property while they are alive, legal title passes to the grantee (buyer or transferee) and the property is ordinarily not part of the transferor’s probate estate at death. Probate courts distribute only property that the decedent owned at death. California law describes what property is subject to probate administration; see California Probate Code §6400 for the basic statutory framework: Cal. Prob. Code §6400.

2. Recordation and constructive notice

In California, deeds are normally recorded in the county recorder’s office where the property sits. A recorded deed gives constructive notice to later buyers and heirs that title passed. If the deed transferring the property was properly signed and recorded, a subsequent claim by heirs that the property was still part of the decedent’s estate faces a significant burden unless they can show the conveyance was invalid.

3. When you might still have a legal claim

Even if a deed was executed and recorded decades ago, you may have possible claims in limited circumstances:

• Forgery or lack of signature capacity — if the signature on the deed is forged or your mother lacked capacity when she signed, the deed may be voidable.
• Fraud, undue influence, or duress — if a grantee obtained the deed through fraud or undue pressure, you may be able to seek to set it aside.
• Clerical or recording errors — if the deed contains fatal defects (e.g., it was never properly acknowledged or not delivered), title may not have passed.
• Failure to transfer full legal title — in complex ownership arrangements (joint tenancy, community property with right of survivorship, trusts), the apparent conveyance might not have transferred complete ownership.

To pursue these claims you usually must file a lawsuit (for example, to quiet title or to set aside a deed). Courts apply time limits and require proof, so quick action matters.

4. Statutes of limitation and timeliness

Many claims against old conveyances are subject to statutes of limitation. For example, quiet title or fraud-based claims have deadlines that start when a claimant discovers (or should have discovered) the problem. Because limitation periods vary by claim and fact pattern, you should act promptly to preserve rights. Delays of years or decades often make claims hard or impossible to win.

5. Practical effect for probate and estate distribution

If title passed before death and remains valid, the probate court will not distribute that property as part of the estate. The person or entity holding title keeps the property, subject to any valid legal challenges against the deed. If the property is omitted from probate but you suspect title issues, the appropriate vehicle is typically a civil action rather than a probate distribution claim.

How to verify what happened — step-by-step

1. Obtain the recorded deed: Visit the county recorder’s office where the property is located or use their online search to get a copy of the deed recorded against the property. The deed will show the grantee, date, and recording information.
2. Check the chain of title: Look for subsequent deeds, mortgages, liens, or transfers. This shows who currently claims title and any encumbrances.
3. Compare dates: Confirm the deed’s execution and recording date relative to your mother’s date of death. A conveyance before death usually removes the property from probate.
4. Look for red flags: signs of forgery, missing acknowledgments (notary), unusual signatures, or an unexplained transfer to a third party.
5. Get a title report if needed: A title company can provide a report showing the current owner, recorded exceptions, and historical chain of title.

For guidance on probate procedures and how property is treated in probate, see the California Courts’ probate self-help pages: California Courts — Probate Self-Help.

Possible legal remedies if you believe the conveyance was invalid

If you find evidence suggesting the conveyance was defective, common remedies include:

• Filing a civil lawsuit to set aside or rescind the deed for fraud, forgery, undue influence, lack of capacity, or failure of delivery.
• Quiet title action to establish ownership or remove a defective claim to title.
• Pursuing claims against involved parties (e.g., a deed preparer, notary, or third party) if they engaged in wrongdoing.

Each remedy has procedural rules and time limits. A lawyer can evaluate which cause of action fits your facts and the deadline that applies.

What to expect if you cannot overturn the conveyance

If a deed is valid and stands, the recorded owner retains title. That means:

• The property is not distributed through your mother’s probate estate.
• You generally have no legal right to occupy, sell, or force a transfer of the property based on inheritance.
• If the recorded owner is willing, you can try to negotiate (purchase, partition, or buyout), but they have no obligation to do so.

Helpful hints

• Act quickly: statutes of limitation can bar claims if you wait too long.
• Get the recorded deed and a chain-of-title report as your first concrete steps.
• Keep all documentation: death certificate, any wills or trust documents, tax receipts, and correspondence related to the property.
• Consider a title search or title insurance report to summarize ownership history.
• Talk to a California real property attorney promptly if you find signs of forgery, fraud, or undue influence.
• If you only want information, many county recorders and the California courts’ self-help pages provide public records and basic guidance without cost.
• Be prepared: civil litigation to undo a decades-old conveyance can be costly and fact-intensive, and success depends on strong evidence.