If someone dies intestate how do you transfer title to their house to a beneficiary?
Question Details:
My husband's father has died with no Will. I understand in CA because there is no Will in place and provided there is no spouse (which there is not) that the estate is divided up between living children. My husband and his sister have agreed ,per their fathers wishes, that the home will go to my husband. We are currently living in his father's home and want to take ownership. How does my husband transfer his dads home into his name legally? What can we expect to happen with his father's estate now that he has passed?
With no will, you're going to have to probate the estate. Your husband should apply to be appointed adminstrator of the estate. The house will be put in your husband's name in the course of that process. I highly recommend the Nolo Press book on the subject. It will help you decide if you need an attorney. Then if you don't, you can follow the instructions in the book, and if you do, it will help you understand what the attorney is doing for you and why. http://www.nolo.com/products/how-to-probate-an-estate-in-california-PAE.html;jsessionid=DFFB896242BA175542C0EDEF36F097B5.jvm1
When someone dies without a Will they are said to have died "intestate", and the intestacy laws of the state where the person resided at the time of their death will prevail. If it was CA then you are right, the children (in the absence of a spouse) willsplit the estate equally. Again, the Nolo Press book is recommended. But in the meantime here is a link to a site that will give you some general probate information: http://www.scselfservice.org/probate/prop/FrequentlyAskedQuestions2.htm.
