Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
When a California resident dies owning real property in another state, heirs can often transfer title without a full ancillary probate by using California’s summary succession process for real property under Probate Code Sections 13200–13207. All heirs must agree on the transfer and meet the statutory requirements.
- Confirm Heir Agreement and Asset Details
- Obtain certified death certificate of the decedent.
- Gather a complete list of heirs and confirm unanimous written consent.
- Compile legal description and county of recording for the out-of-state property.
- Prepare the Petition for Determination of Succession
- Draft a petition as required by Cal. Prob. Code §13200 link. Include:
- Decedent’s name, date of death, and last residence.
- Description of the property.
- Statement that no formal probate is open in any state.
- Value of property if under the threshold (see note).
- Draft a petition as required by Cal. Prob. Code §13200 link. Include:
- File Petition in California Superior Court
- File in the county where the decedent last resided.
- Attach heirs’ consents, death certificate, and property description.
- Pay the applicable filing fee. See Cal. Prob. Code §1510 for fee schedule.
- Provide Notice to Interested Parties
- Serve notice as required by Cal. Prob. Code §13203 link.
- If all heirs consent, notice may be simplified or waived by the court.
- Obtain Court Order Determining Succession and Transfer
- Court issues an Order Determining Succession to Real Property under §13205 link.
- Ensure the order names the heirs who will hold title.
- Record Order in the Other State
- Obtain certified copy of the court order and death certificate.
- Record both with the county recorder in the jurisdiction where the property is located.
- Prepare and record a new deed transferring title to the heirs.
Helpful Hints
- Verify each heir’s marital status and address to prevent later challenges.
- Check for liens or encumbrances before filing the petition.
- Consider a title search to ensure clear title transfer.
- Consult the county recorder’s office for recording requirements in the other state.
- If property value is low, explore whether a small estate affidavit applies (limited to personal property under Cal. Prob. Code §13100).