Several factors go into changing the ownership of a home after a death.
Changing Ownership of a Home when there is a Trust
When there is a trust that has been drafted properly and the home has been funded into the trust, the transfer can usually be done simply and quickly. Depending on how the home is currently titled, an Affidavit and new Grant Deed would be filed with the County Recorder’s office. It is important that a professional assists you with this in order to have the home titled correctly and potentially keep a lower tax rate, such as with California’s Prop 13.
Changing Ownership of a Home when there is a Will and Not Held in Joint Tenancy
If there is a will and not a trust and the home is not held in Joint Tenancy, the transfer of the home would be subject to Probate. The will is submitted to the court when probate is initiated. A Probate Attorney can assist you with this filing.
Changing Ownership of a Home when there is a Will and Held in Joint Tenancy
If the property is held in Joint Tenancy, an affidavit and Grant Deed is usually filed with the County Recorder’s office. This avoids the formal process of probate, but can also have some unexpected consequences.
Changing Ownership of a Home when there is No Will and No Trust
If there is not a will or a trust, changing the ownership of the Home, may need to go through Probate depending on how the home was titled at the time of death.
At The Swenson Law Firm, we can assist you in knowing what the next steps are to transfer ownership of a home after a death, as each circumstance can be different depending on if there is a will or a trust and how it is written and how property is titled.