Heirs’ Deeds for Out-of-State Property under California Law

Disclaimer: This article is for educational purposes only and is not legal advice.

Detailed Answer

When a decedent owned real property outside California, heirs or a personal representative generally must use one of two methods to transfer title:

1. Personal Representative’s (Executor’s) Deed
   After opening ancillary probate in the jurisdiction where the property lies, the appointed personal representative (executor or administrator) uses a Personal Representative’s Deed (often called an Executor’s Deed). California Probate Code § 10511 authorizes this form of deed. The deed must:
• Identify the decedent and the heirs or devisees;
• Recite the court’s appointment and citation of authority (letters testamentary or administration);
• Describe the property by its legal description;
• Be signed by the personal representative and acknowledged before a notary.
2. Heirs’ Quitclaim Deed under Small Estate Procedure
   If the property’s fair market value does not exceed the small estate threshold in the property’s state (often around $100,000), heirs may avoid formal probate by using a Deed Under Small Estate Affidavit or similar statutory affidavit procedure (see California Code of Civil Procedure § 570 et seq.). Each heir signs a quitclaim deed transferring their interest. The deed must:
• Attach the statutory affidavit of heirship;
• Include a legal description of the property;
• Be notarized to allow recording.

Once the appropriate deed is prepared and acknowledged, it must be recorded in the county recorder’s office where the property is located. Recording steps generally include:

1. Completing the applicable preliminary change of ownership or transfer tax form (Cal. Rev. & Tax Code § 480.010).
2. Paying recording fees and any transfer taxes.
3. Submitting the original executed deed and attachments to the local county recorder.

Recording ensures public notice of the new owner and clears title for future transactions.

Helpful Hints

• Verify the small estate threshold in the jurisdiction where the property sits; rules vary by state.
• Obtain certified letters testamentary or letters of administration before preparing a personal representative’s deed.
• Use the exact legal description from the recorded deed or title report.
• Complete and sign any county-specific change-of-ownership or tax forms.
• Ensure every signature is notarized and conforms to local notarial requirements.
• Consider a title search to confirm no liens or encumbrances remain.
• Consult a licensed attorney in the jurisdiction of the property for local probate and recording nuances.