What to do if my father passed away earlier this year and I need to go to court to put my name on his house?

I am already on his bank account; he had done that a few years ago. We were going to do a quit deed but he passed away before we did, so now I am totally confused about this probate thing (what forms to fill, etc.). Also, I do not have much money so it makes it hard.

Asked on July 7, 2014 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  You seem to know that you need to open a probate proceeding in order to transfer the property.  Only the Court appointed Personal Representative of the estate can execute an Executor's Deed transferring title.  I am going to give you a link to the California Court system and their forms. 


If he dies with out a Will then you would file a Petition for Letters of Administration.  If he dies with a Will then you would file a Petition for Letters Testamentary.  Generally speaking the clerks in the Probate Court are very helpful.  They can not give legal advice but they can guide you with lists of what you will need.  Good luck.

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