Legal Question in Real Estate Law in California

Changing Title on Real Estate that is Inherited by Child

Which forms need to be filed with the county recorder to change the title on a residential property that was owned by the last surviving parent, now deceased, and being inherited by an adult child. The estate has been probated in a different county (same state) and a final distribution order indicating that I am the rightful beneficary of the property has been issued.


Asked on 2/08/08, 3:15 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Changing Title on Real Estate that is Inherited by Child

The personal representative (executor or administrator) is supposed to record the order of distribution or the personal representative's deed, or both, with the county recorder of the county in which the property is situated. Doing so is a condition of the personal representative's discharge. Failure to do so gives the heir a right to sue the personal representative. All of this is covered in the Probate Code at sections 11750, 11751 and 12250.

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Answered on 2/08/08, 6:14 pm


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