[CA] How do I handle a TOD deed and mortgage after my co-owner mother passed?

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 § 8000)
Unless there is a will
The executor can issue an executor’s deed to the heir (CA Prob Code § 11751)

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My mom and I were co‑owners of our home. Both on deed and loan. She passed six months ago, and we did a TOD Deed to leave her half to my son; however, we never filed Affidavit of Death of Joint Tenant, so TOD seems to be void. I need to understand my next steps with the mortgage lender, how to add 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 § 8000)
Unless there is a will
The executor can issue an executor’s deed to the heir (CA Prob Code § 11751)

legalgems

44,192 satisfied customers

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