If my mother passed away without a Will and she was an owner of property which is split wa3s between family, what do we need to do to get it into our names?

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If my mother passed away without a Will and she was an owner of property which is split wa3s between family, what do we need to do to get it into our names?

Asked on June 12, 2013 under Estate Planning, California

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

Do you mean that the property was already split 3 ways (in other words, your mother owned 1/3)? Then the other 2/3 will not be transfered, but will remain with its current owners.

You will need to petition the probate court to transfer her 1/3 to her heirs. Because she had no will, you and your brothers and sisters (if any) will probably be her heirs. In California, if your mother's 1/3 interest is worth less than $50,000 or her entire estate is less than $150,000, you can use a summary probate proceding, which should be shorter and less expensive than a full probate proceding.  


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