I was appointed Personal Representative to my mother's estate in 2012. I got as far as filing an Order for Final Distribution with the court. I haven't transferred the real property yet and would like to know how to do so and there is a vehicle that wasn't mentioned in the Inventory and Appraisal document filed. How do I add an Omnibus clause for the after-discovered property?
A: Ordinarily, to probate omitted property, you must petition for a new administration, and letters of administration. You may be able to get the court to enter the omnibus order as a correction for clerical error, on motion. This would be entirely up to the court's discretion, but it may be worth a shot, as a means of avoiding the new administration. Frankly, if I were the judge, I would probably grant the order, because an omnibus clause is so typical in California probate matters. But, I make no promises.
Concerning the parent-child property tax exemption, that's based on the "preliminary change of ownership" form (PCOR) that is filed at the county clerk-recorder's office with the administrator's deed transferring the property. Each county clerk website has its own PCOR form -- they're all nearly identical, except for the tax assessor's address. But, you'll have to visit your county website and find the correct form.
If you are looking for someone to actually help you draft the required paperwork, I can only do that through a premium services invitation (customary legal services fees will apply). Please let me know if you're interested.