Transferring Real Property during probate in California

[Michael-CA]

Jurisdiction

California

I am have been granted Letters for Administering my father's estate in Calaveras County, CA. There are other beneficiaries and we wish to sell the house. Would it be appropriate to record a Quitclaim deed into my name? Then I will get the title? I also have Change of Ownership and Reassessment exclusion forms to submit along with it.

 

[Zigner]

I am have been granted Letters for Administering my father's estate in Calaveras County, CA. There are other beneficiaries and we wish to sell the house. Would it be appropriate to record a Quitclaim deed into my name? Then I will get the title? I also have Change of Ownership and Reassessment exclusion forms to submit along with it.

No, that wouldn't be appropriate. The ESTATE is selling the property, not you.

 

[Michael-CA]

No, that wouldn't be appropriate. The ESTATE is selling the property, not you.

Thanks for the response. Can you clarify? Are you saying that I can sell the house and simply sign in place of my father since I have the authority to do that?

 

[PayrollHRGuy]

Thanks for the response. Can you clarify? Are you saying that I can sell the house and simply sign in place of my father since I have the authority to do that?

If you have been named, by the court, the administrator of the estate you can sign your name in pretty much any act required to administer the estate.

 

[Zigner]

I would suggest that you find yourself some sort of guide to administering estates. Do a Google searched for: how to probate an estate in California

 

[adjusterjack]

Thanks for the response. Can you clarify? Are you saying that I can sell the house and simply sign in place of my father since I have the authority to do that?

Pretty much but there is a particular format for executing a deed from the estate to the buyer. You would be wise to have a lawyer create that document for you when the time comes. Or check with a title/escrow company and see if it's one of the services available.

Meantime, you have the authority to engage a real estate agent, list and sell the property on behalf of the estate.

Again, if you are out of your depth here, you might want to hire a probate attorney.

 

[zddoodah]

Would it be appropriate to record a Quitclaim deed into my name? Then I will get the title?

No, and I'm honestly at a loss to understand why you would think it might be even the slightest bit appropriate.

No, that wouldn't be appropriate. The ESTATE is selling the property, not you.

Thanks for the response. Can you clarify? Are you saying that I can sell the house and simply sign in place of my father since I have the authority to do that?

I don't really understand how "Zinger's" response could have been clearer. The property is owned by your father's estate. Transferring it to yourself would be inappropriate. If the property is to be sold, the estate sells it. You will sign the deed in your capacity as personal representative of the estate.

I strongly recommend you retain the services of a probate attorney so that you don't mess this up. Administering an estate -- especially one that owns real property -- is not a good DIY project.

 

[Michael-CA]

Can anyone tell me what it means to record Letters of Administration with the County Clerk Recorder?

 

[PayrollHRGuy]

When you are named an administrator of an estate there are many things you or the lawyer for the estate must do. This is one of them.

To be honest, if you have been named the administrator of an estate and the estate is of any value you are in over your head and need a lawyer.

 

[Michael-CA]

When you are named an administrator of an estate there are many things you or the lawyer for the estate must do. This is one of them.

To be honest, if you have been named the administrator of an estate and the estate is of any value you are in over your head and need a lawyer.

Thanks for the reply. Yes clearly I am in way over my head but I've made it this far with the help of the internet. Including receiving Letters and completing the Administration requirements like notifying creditors and the Inventory and Appraisal. I don't want to jeopardize the estate but the I don't mind the chaos.

I'm still unclear what it means to record the Letters. The county assessor said I could submit Change of Ownership forms without doing it. Clearly I will do it though. It means the Letters are entered into the record by a notary?

What are worst case scenarios that I could mess up?

 

[army judge]

What are worst case scenarios that I could mess up?

You'll get there sport, just keep trying.

 

[Michael-CA]

You'll get there sport, just keep trying.

If that's the type of help I get then yah most likely. I don't have a problem getting a lawyer but I want to know why other than lawyers telling me how indispensable they are. I dont want to tell the family it's because I was incapable of filling out forms so now someone needs to sell a kidney or something.

 

[zddoodah]

Can anyone tell me what it means to record Letters of Administration with the County Clerk Recorder?

It means you take a copy (possibly a certified copy) of the letters to the county recorder's office, slap a recorder's cover sheet on them, and hand the package to the clerk (along with a check) and say, "I'd like to record this."

Out of curiosity, why do you want to record them (contrary to what I read one of the other responses to be saying, recording the letters is not something that is ordinarily done)?

I'm still unclear what it means to record the Letters. The county assessor said I could submit Change of Ownership forms without doing it.

The county assessor and the county recorder are two separate offices that do very different things (although, in Calaveras County, they're located in the same building).

It means the Letters are entered into the record by a notary?

Huh?

What are worst case scenarios that I could mess up?

You could be held personally liable to the other beneficiaries of the estate.

 

[Michael-CA]

I posted previously about selling Real Property during Probate, the confusion arose when I went to submit Preliminary Change of Ownership Statements etc to the Calaveras County Assessors Office. They wouldn't accept them. I believe the clerk caused the confusion that has led to my very stupid questions.

She wasn't able to convey why she would't accept the forms at the time but in subsequent emails I've learned it's because she thought I was going to submit the forms to the clerk recorder at the same time that I had the Letters of Administration Recorded. From what I've learned online this all sounds completely wrong. Yes? Frankly I didn't even know Recording was a thing until she suggested it.

Here's her response via email:
"I apologize for any confusion. When we spoke, it was my understanding that you were recording the Letters of Administration with the Calaveras County Recorder's Office. I had explained that when you record the Letters of Administration, you can submit all your forms at the same time to the Recorder's Office.However, if you will not be recording the Letters of Administration, please submit the forms to this office at your earliest convenience. I hope this clears up any misunderstanding"

So no need to Record Letters right? I can just give the forms to the Assessor's Office like I tried to the first time?

 

[Michael-CA]

I have been granted Letters of Administration with full authority for my late father's estate in California.. We now wish to sell the house and have a buyer.

On the Probate side my understanding is that I will only need to send out a "Notice of Proposed Action" to the beneficiaries. Also that I need to keep the estate's assets separate, can this be as simple as adding a savings account to my existing bank account?

On the Real Estate side the plan is to go through a Title Company with no real estate agent. How will this work will I get a check made out to me?

What am I likely to mess up? :

Thanks much.

 

[zddoodah]

I have been granted Letters of Administration with full authority for my late father's estate in California.. We now wish to sell the house

I'm curious about your use of "I" in the first sentence and "we" in the second sentence. If you (an individual) have been granted letters of administration, who are "we," and what does it matter what anyone else wants to do?

my understanding is that I will only need to send out a "Notice of Proposed Action" to the beneficiaries.

Where did you come by this understanding? What would this notice say?

Also that I need to keep the estate's assets separate

Well...yes, you need to keep the estate's assets separate from any other assets you personally own or might otherwise manage or control.

can this be as simple as adding a savings account to my existing bank account?

I have no idea what "adding a savings account to my existing bank account" might mean, but separate means exactly that. Creating any connection between an estate account and any personal account of yours or any other account you presently own or control would be an incredibly bad idea.

On the Real Estate side the plan is to go through a Title Company with no real estate agent. How will this work will I get a check made out to me?

I have no idea what you're asking or what "go through a [t]itle [c]ompany with no real estate agent" might mean. A title company is not a substitute for an agent, and vice versa. They don't do the same things.

What am I likely to mess up?

Sounds like a lot of things and that you should retain the services of a probate attorney (as I previously suggested). Administering a decedent's estate is not a good DIY project.

 

[Zigner]

It's sad - had the OP simply done the web search I suggested, he would have found a very handy book by a reputable company that would likely answer all these questions, as well as several he doesn't even know to ask.

 

[army judge]

What am I likely to mess up? :

Thanks much.

My guess, EVERYTHING, and a tad bit more!

You're welcome, happy to be of assistance.

 

[PayrollHRGuy]

On the Real Estate side the plan is to go through a Title Company with no real estate agent. How will this work will I get a check made out to me?

Why would you not have the check made out to the estate?

What am I likely to mess up?

Likely a large number of things.

 

[Michael-CA]

Fine I will take my questions elsewhere. Don't think for a minute that i wont get them answered and make it through this process. No one here seems to give me credit that I have already made it almost all the way through.
Goodbye I hope that you are all proud of your level of helpfulness.