Father Passed Away

[Josh.Barrientes]

What is the name of your state (only U.S. law)? California

My dad recently passed away. He and his brother (my uncle) had joint ownership of the house. Now his brother wants to sign the house over to me. I would like to know exactly which documents I will need.

Death Certificate
Affidavit - Death of Joint Owner
Quitclaim deed

Is there anything else I need to know? Thanks in advance!

 

[anteater]

Did they own it with right of survivorship or as tenants in common?

If with right of survivorship, then the Death Certificate and Affidavit would establish your uncle's sole ownership. And the quit claim would be used to gift the property to you.

There may be assessment issues that come along with that transfer, but I'm only vaguely familiar with California property tax questions. Leave that to someone else who may respond.

You may also want to figure out cost basis questions now rather than scrambling at some later time if you sell the property.

If they owned as tenants in common, uncle could certainly transfer his interest to you. But your Dad's interest would be subject to probate, which may or may not be taken care of relatively easily with the small estate affidavit process.

 

[nextwife]

But your Dad's interest would be subject to probate, which may or may not be taken care of relatively easily with the small estate affidavit process.

If Tenants in Common, we have no idea if the poster is entitled to Dad's interest, though. Was there a will? If so, to whom was Dad's estate left? Are there creditors? Did he die intestate? Are there other heirs?