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Why Probate?

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What is the name of your state? California

In my fathers trust, my sister was left 10,000
and the rest devided between my brother and I.
And Im trustee. My father had 2 homes but
only one was in the trust.(my parents home)The
other home I live in and the house payments
are in the trust of my father but wasent in
the trust. I was having the house put in my
name and I was told I have to go thru probate
since it wasent in the trust? Why do I have to
go thru probate?

Dandy Don

Senior Member
How much is this home worth?

Probate is required in order to legally determine who the heirs/owners are of any assets or property. Father should have put both houses in the trust, but maybe there is some reason he didn't want to.

A trust and a will are 2 separate documents that have no direct relation to each other. Did he have a will and was the house mentioned in the will?

Even if there wasn't a will, probate is still required so that the new owners names (probably will be shared jointly between you and your sister) can be recorded on the title/deed. You all can decide whether you want to sell the home or not.

Probate fees will probably be about a few hundred dollars.



Probate Bites

The house was aprased for 126,000

I bought this house in 1989, and in 1991 I
sold it to my father because he had better
credit and lower rates. He had the title
in the estate of ( His name.) Ive always
lived in this house.
To have the title put in the estate of does
the mortgage company he bought the house
with (now changed) have something we might
need, like My name etc...
Thanks for your help

Dandy Don

Senior Member
You don't need to have the house put in the name of the estate.

If what you say is true, that you bought the house, then at the time you bought it the real estate agent should have done the paperwork to make sure your name was added to the title.

If the house is in your name now, then there may not be a need to go through probate.

Talk to a real estate attorney or at least pay a title/abstract company a few hundred dollars to find out for sure that your name is legally listed as the current owner.


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