Legal Question in Wills and Trusts in California
My mother passed away. She had signed a will, which was also signed by witnesses (other family members), but NOT notarized. It left me to manage her assets. 1) Is this will valid? She has a house in a different state, which is worth very little. Her only other income was social security benefits. 1) Can I just leave the deed under her name or does it have to be transferred? 2) If it must be transferred, do I need to go to court or is there another way to make the transfer?
2 Answers from Attorneys
Wills do not need to be notarized in California. They only need to be properly witnessed.
The property needs to be transferred to the beneficiaries named in the will. Leaving the property in your mother's name will only create complications. Among other things, the property cannot be sold if your mother's name is still on the deed.
The law of the state where the real property is located will determine what procedures you need to follow to make the transfer.
I agree with Mr. Perry.
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