Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. Ray here to help you today.
You or your mother need to make application for probate.If there was no will it passes under the laws of intestacy.
Here is the form you file,,DE-111
Step by step
If you die with:
here’s what happens:
The Spouse’s Share in California
In California, if you are married and you die without awill, what your spouse gets depends in part on how the two of you owned yourproperty – as separate property or community property. Generally, communityproperty is property acquired while you were married, and separate property isproperty you acquired before marriage. There are a couple of big exceptions:Gifts and inheritances given to one spouse are separate property, even ifacquired during marriage.
Your spouse will inherit your half of the community property.If you have separate property (many spouses mix everything together and don’thave any separate property) your spouse will inherit all or a portion of it. Thesize of your spouse’s share of your separate property depends on whether or notyou have living parents, children, or siblings. If you do, they and your spousewill share your separate property.
The personal representative here would deed it to her is she is the legal heir by fiduciary deed.You can also use a local probate lawyer here to file all of this.But this is how she gets the property transferred to her name.
I appreciate the chance to help you today.Thanks again.
Deed you would use
She needs to get probate done here before she can sell the property.There is a cloud on the title until she does.