No Will left, how to buy in CA?

Question

i have a property I am buying in CA, Dad died, Left behind a wife, and Daughter from another marrige. No will present.

House is valued at around 130k

Does it need probate, or can we file Affidavits of Heirships and do it that way?

Joe Homs · Answer

@Dan Wells you will probably need the services of a Probate Attorney, however it really depends on how the property was "Titled."  If the home was in a "Family Living Trust" then no probate is needed.  If the home was "Titled" in his name and wife as joint tenants, then no probate is needed.  If the home was "Titled" in his name only then, yes you will need to hire a probate attorney, however since the home is valued at less that $150K it will be less expensive.  Please consult and attorney.

Good Investing...

Rick H. · Answer

Your “seller” needs to have standing, meaning capacity, powers and authority to pass marketable (insurable) title. I start with examining the “vesting” of title (this is the legal way to refer to how title is held). If you are a PropertyRadar subscriber, for example, you’d look at chain of transactions going back to acquisition and original deed.

I always insist on a certified copy of death certificate with decedent’s SSN and next of kin. Reviewing this will reveal other important clues, as well as potential for fraud. CA does not recognize Affidavit of Heirship but does have an Affidavit of Small Estate and other ways to avoid a formal probate.

Lots of fraud popping up now. I’ve been in this since 1978 and know this is the stage  of each real estate cycle when people, desperately trying to find a deal, cut corners that they come to regret.