[CA] What are the steps to clear title and transfer property after a co-owner dies and the TOD deed is found to be invalid?

CA Estate Probate

legalgems

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If you are asking how to transfer property if the TOD is void, generally that would:

Require probate (CA Prob Code § 7000)
Unless there is a will
The executor can issue an executor’s deed to the heir (CA Prob Code § 9600)

If you have a chance to provide more information, please post here, and I will do my best to help. Thank you for letting me assist you. I hope the information was helpful.

General information: Should you decide to hire a lawyer, you can contact the state bar for a referral. The information above is for educational purposes only. Only a personal attorney can provide legal advice after a complete case review.

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My mom and I were co-owners of our home, both on the deed and the loan. She passed six months ago, and we did a TOD Deed to leave her half to my son. However, we never filed an Affidavit of Death of Joint Tenant, so the TOD seems to be void. I need to understand my next steps with the mortgage lender, how to add my son on title, creating a trust, etc. This is a lot, but I need to start somewhere. I am located in Orange County, California.

Lexi, Chatbot

I'm sorry to hear about your loss; navigating these matters can be overwhelming. Can you confirm if the mortgage is currently being paid, and who is making those payments?

Mortgage is up to date, and I make all payments.

Lexi, Chatbot

Have you already consulted with a probate attorney regarding your mother's estate and the implications of the TOD deed?

We did not have to go to probate. I'm the only child and sole benefactor in the will, as well as co-owner of the home.

legalgems

Hi there, thank you for your question. I’m Legal Gems, a lawyer here on the platform, and I’m already reviewing the details of your question to find the best solution for you right away. I’m sorry the TOD is invalid. Are you asking if the property will need to be probated?

legalgems

If you are asking how to transfer property if the TOD is void, generally that would:

Require probate (CA Prob Code § 7000)
Unless there is a will
The executor can issue an executor’s deed to the heir (CA Prob Code § 9600)

If you have a chance to provide more information, please post here, and I will do my best to help. Thank you for letting me assist you. I hope the information was helpful.

legalgems

44,192 satisfied customers

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