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Do I need probate if there's no Will?

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EMB7

Junior Member
What is the name of your state? California

My mother passed away a few years ago now and left my brother and I a house. The loan to the house is now fully paid for, but the name of the deed to the house is still under my mother's name. She never created a Will, but we are the only beneficiaries to the estate. We don't plan on selling the house anytime soon, but would like to change the name of the deed to both of our names. Do we still need to go through probate? Do we need a lawyer for this? How much will this total process cost us? Also, will the annual property tax increase to the current estate value after we change the name of the deed?

Please help.What is the name of your state?
 


EMB7 said:
What is the name of your state? California

My mother passed away a few years ago now and left my brother and I a house. The loan to the house is now fully paid for, but the name of the deed to the house is still under my mother's name. She never created a Will, but we are the only beneficiaries to the estate. We don't plan on selling the house anytime soon, but would like to change the name of the deed to both of our names. Do we still need to go through probate? Do we need a lawyer for this? How much will this total process cost us? Also, will the annual property tax increase to the current estate value after we change the name of the deed?

Please help.What is the name of your state?

My response:

Let me ask you this: Without Probate, just how did you plan to get that Deed into your, and your brother's, names?

It doesn't matter that she didn't have a Will.

Hire a Probate attorney. You need one. Your other questions will be answered by that attorney.

IAAL
 

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