What Happens to Real Estate After Death in California?

When a loved one passes, one of the biggest estate questions is what happens to their home? In California, the transfer of real estate after death can happen in a few different ways, depending on how the property was owned and whether the right legal documents are in place.

  1. File the Will with the Probate Court. First, submit the will to the probate court so the legal process of transferring the home can begin.
  2. Settle Any Outstanding Debts. Any remaining debts—like property taxes—must be addressed before the home can officially be passed on to the beneficiary.
  3. Court Approval for the Property Transfer. Once probate is complete and all financial matters are settled, the court gives the green light to transfer ownership to the rightful heir.
  4. File a New Deed with the County Recorder’s Office. To officially put the home in your name, record a new deed with the county.
  5. Notify the Mortgage Lender (If Applicable). If the home has a mortgage, you’ll also need to contact the loan servicer to inform them of the ownership transfer.

1) Review the Trust Documents

First, you’ll need to review the trust agreement to confirm you’re the rightful beneficiary of the property. The trust should clearly name you as the recipient and outline any conditions for the transfer. If there’s a successor trustee, they will be responsible for carrying out the trust’s instructions.

2) Prepare an Affidavit of Death of Trustee.

If the person who created the trust (the grantor) has passed, the successor trustee must file an Affidavit of Death of Trustee with the county recorder’s office. This document notifies the county that the trustee has passed and allows the next steps in the property transfer.

3) Draft and Sign a New Deed

To transfer the home into your name, the trustee must prepare a new deed—typically a Grant Deed or Trustee’s Deed—that formally transfers ownership from the trust to you. This deed must be notarized and recorded with the county recorder’s office.

4) Update Property Tax Records

Once the deed is recorded, you may need to update property tax records with the county. Some transfers between family members may qualify for property tax exemptions, so it’s worth checking eligibility.

    A Transfer on Death (TOD) deed allows a homeowner to name a beneficiary to automatically receive the property when they pass. This option bypasses probate, which can make the transfer faster than a traditional will. It’s important to note, TOD deeds aren’t always foolproof. They come with legal requirements, and not all types of property qualify. In some cases, estate planning attorneys may not recommend TOD deeds because they can lead to complications—such as unexpected creditor claims or disputes between heirs.

    If this is your case, here’s what you’ll do:

    1. Obtain the Death Certificate
    2. Complete an Affidavit of Death
    3. Submit the Required Documents to the County Recorder: Certified copy of the death certificate, Affidavit of Death, Preliminary Change of Ownership Report (PCOR) (if required), New deed (if applicable)
    4. Verify and Pay Any Outstanding Debts or Liens
    5. Update Property Tax Records
    6. Review Title Insurance and Homeowner’s Insurance
    7. Consider Filing a New Deed (Optional but Recommended)

    If someone dies without an estate plan, their house will generally transfer to their closest living relatives via the probate process, where the court determines who inherits based on family ties, typically prioritizing a spouse and children first, then moving to more distant relatives if necessary; if they cannot find relatives, the state may take ownership of the property. 

    Here’s what you can do in this case:

    1. Confirm Your Relationship to the Deceased – Make sure you’re a legal heir under state law.
    2. Get the Death Certificate – You’ll need certified copies for probate.
    3. Check How the Property Was Owned – Look up the deed to see if it was solely owned or jointly owned (if jointly, see next tab).
    4. File a Petition for Probate – Submit paperwork to the county probate court.
    5. Notify Heirs and Creditors – The court requires official notice to family plus any creditors.
    6. List and Value the Estate – The court needs a record of all assets.
    7. Pay Any Debts or Taxes – Mortgages, taxes, and other debts must be settled before inheritance.
    8. Attend Probate Hearings – The court will review everything and resolve any disputes.
    9. Get Court Approval for the Transfer – Once probate is done, the court finalizes who inherits the house.
    10. Update the Property Title – File the right paperwork with the county to put the house in your name.

    When a person dies while jointly owning property, the surviving owner automatically inherits the deceased owner’s share of the property, typically without going through probate court, due to the “right of survivorship” inherent in joint tenancy; essentially, the surviving owner becomes the sole owner of the property.

    There’s a few steps they must take:

    1. Obtain a Certified Copy of the Death Certificate – You’ll need this for official record updates.
    2. Complete an Affidavit of Death of Joint Tenant – This form notifies the county that one owner has passed.
    3. File the Affidavit and Death Certificate with the County Recorder – This updates the property title to show sole ownership.
    4. Update Property Tax Records – Contact the county assessor to ensure records reflect the ownership change.
    5. Notify the Mortgage Lender (If Applicable) – If there’s a mortgage, inform the lender about the ownership change.
    6. Review Homeowners Insurance – Update the policy to reflect sole ownership.

    Real estate transfers can be complex, but expert guidance is available. Our attorneys are here to help you every step of the way—contact us today.