If our family found out that my grandmother had some property, how do we go about getting a deed to it?

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If our family found out that my grandmother had some property, how do we go about getting a deed to it?

There has never been a Will. There has been an affidavit of heirship filed.

Asked on August 30, 2013 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there has never been a Will of your grandmother but you have disocvered that she had real property upon her death, you need to see if title was held as a jount tenant or not. If as a joint tenant, then the survivor of the two will need to file an affidavit of surviving joint tenant with a certfied copy of the grandmother's death certificate.

If that is not the case, then a petition to administer her estate needs to be filed in the county court house where she passed. I suggest that you consult with a Wills and trust attorney for further assistance.


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