Posted on: 19th Mar, 2009 07:03 pm
I live in santa clara county in California, my mother passed away and now I have to transfer the house to my name. Do I do it by going to the county recorders office?
She did leave a will and living trust and I am an only child and it is specific about me getting the house.
She did leave a will and living trust and I am an only child and it is specific about me getting the house.
Hi darlene,
If a person dies leaving a will, the property is probated and then distributed as per the instructions in the will. But transferring property through a living trust can bypass the lenthy and costly process of probate. If you mother has made you the beneficiary of the trust, you will inherit the property straight away. You will then need to file her death certificate with the county recorder's office to get the title in your name.
If a person dies leaving a will, the property is probated and then distributed as per the instructions in the will. But transferring property through a living trust can bypass the lenthy and costly process of probate. If you mother has made you the beneficiary of the trust, you will inherit the property straight away. You will then need to file her death certificate with the county recorder's office to get the title in your name.
Thank you for your reply.
So then it sounds as if all I have to do is take her death certificate to the recorders office and they transfer the title to my name? Sorry to sound dense but I just want to be clear. Thanks again.
So then it sounds as if all I have to do is take her death certificate to the recorders office and they transfer the title to my name? Sorry to sound dense but I just want to be clear. Thanks again.
Hi Darlene,
Did your mother set up a living trust and named you the successor trustee or the beneficiary there? In that case, you have already become the owner of the property and there is no need for probate. You just need to file the death certificate with county recorder's.
If your mother did not create any trust, but left a will before her death stating you as the successor, the property is requied to go through the process of probate after which the title will be transferred to your name.
Thanks,
Jerry
Did your mother set up a living trust and named you the successor trustee or the beneficiary there? In that case, you have already become the owner of the property and there is no need for probate. You just need to file the death certificate with county recorder's.
If your mother did not create any trust, but left a will before her death stating you as the successor, the property is requied to go through the process of probate after which the title will be transferred to your name.
Thanks,
Jerry