Changing Ownership of a Home After a Death

When there is a trust that has been drafted properly and the home has been funded into the trust, the transfer can usually be done simply and quickly. Depending on how the home is currently titled, an Affidavit and new Grant Deed would be filed with the County Recorder’s office. It is important that a professional assists you with this in order to have the home titled correctly and potentially keep a lower tax rate, such as with California’s Prop 13.

If there is a will and not a trust and the home is not held in Joint Tenancy, the transfer of the home would be subject to Probate. The will is submitted to the court when probate is initiated. A Probate Attorney can assist you with this filing. 

Changing Ownership of a Home when there is a Will and Held in Joint Tenancy

If the property is held in Joint Tenancy, an affidavit and Grant Deed is usually filed with the County Recorder’s office. This avoids the formal process of probate, but can also have some unexpected consequences. 

If there is not a will or a trust, changing the ownership of the Home, may need to go through Probate depending on how the home was titled at the time of death.



At The Swenson Law Firm, we can assist you in knowing what the next steps are to transfer ownership of a home after a death, as each circumstance can be different depending on if there is a will or a trust and how it is written and how property is titled.

Contact our office at 916-333-0833 to schedule an appointment. Or send us a message.