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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 8074
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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I would like to know if I need to go through probate court to have title of property chang

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I would like to know if I need to go through probate court to have title of property changed into my name. My husband passed away May 30, 2012. The home was in his name. We have been together over 20 years and decided to marry in Feb 11, 2010. I am named in his will as heir. I also am getting widow benefits from his Union. He has no children and parents are deceased.

LegalGems :

Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction! I am very sorry to hear of your loss. A quitclaim will not work, as that requires your husband's signature - since he has passed, unless he signed one while he was still living, this would not be an option. Can I get the value of the house?

JACUSTOMER-yzkipd61- :

Approximately around 110,000 dollars.

LegalGems :

You will be able to file a petition - I am linking you to the relevant codes. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=13001-14000&file=13650-13660. These address situations where the only heir is the surviving spouse, and they need to get the property transferred into their name but doesn't want to deal with the headache/expense of full out probate. Here is the actual petition you will need to file: http://www.courts.ca.gov/documents/de221.pdf It needs to be filed in the county in which you and your husband resided right prior to his death. (It sounds like it's the same county you live in now).

JACUSTOMER-yzkipd61- :

Yes, so I will need to file the document and then wait for them to make a decision?

LegalGems :

Yes, they will review the form, and then will issue an order that per the will the property belongs to the surviving spouse. Since there are no other heirs, and the will leaves the property to you, generally the court will grant it, particularly if no one objects.

JACUSTOMER-yzkipd61- :

Thank you for you advice and help. You have been able to answer everyone of the questions that I have needed answered. I did not think it should take a long process in probate court for someone in my situation. I really appreciate your time in sending the right forms for me also.

LegalGems :

You are welcome. If you go to your court house, they will be able to assist you - all court houses have a "facilitator" - so don't spend too much time trying to figure everything out on your own.

JACUSTOMER-yzkipd61- :

Thank you,

JACUSTOMER-yzkipd61- :

Do I just rate, save & exit. Sorry. LOL

LegalGems :

Here's the Order the judge will complete http://www.courts.ca.gov/documents/de226.pdf

LegalGems :

Yes, if you rate that would be great. And then you can save it so you can come back here to view the forms.

JACUSTOMER-yzkipd61- :

I am really happy with your service.

LegalGems :

Oh, Thank you so much! I enjoy working on this site- we get to help alot of people - attorneys charge so much nowadays that it really goes against the idea of "justice for all". So thank you!

LegalGems and 4 other Estate Law Specialists are ready to help you
Hi Gevona, I wanted to be sure and thank you for using JA/Pearl.

I hope you found the information I provided useful. I'm glad I was able to simplify the process for you. Something is wrong with our system when people that are grieving have to deal with the legalities of the situation. But it sounds like you have a grasp on what to do, so I hope that helps!

If you would like to request me for your future legal inquires, please put TO LEGAL GEMS in front of the question, and I will do my best!
Take care.

Please be sure and complete the customer satisfaction survey the site will be sending you so that I can continue to provide affordable information to our customers. Thank you!