Does an inherited house have to go through probate in California?
By Sam Yusufi, Certified Probate & Trust SpecialistUpdated
Not always. It depends on how the home was owned. A home in a living trust, in joint tenancy with a surviving owner, or with a transfer-on-death deed usually passes without probate. A home in the person's name alone, with no trust, usually goes through probate, though some smaller estates and surviving spouses can use simpler procedures.
Say your mother passed away in March. She owned her home in Pleasanton outright. You're one of three siblings, and none of you have been through this before. The first question is always the same: was there a trust?
| How the home was owned | What usually happens |
|---|---|
| In the name of a living trust | The trust path. A successor trustee manages the home, usually without any court involvement. |
| Joint tenancy with someone still living | The surviving owner usually takes over without probate, once some paperwork is recorded. |
| With a transfer-on-death deed | The named beneficiary usually receives the home without probate, once some paperwork is recorded. |
| In the person's name alone, with no trust | Usually probate, a court process. Simpler procedures exist for some smaller estates and surviving spouses, so ask an attorney what applies. |
How to find out how the home was owned
The current deed will tell you. You can request a copy from the county recorder's office. A title company or a real estate agent can usually pull one for you, too.
Two assumptions to double-check
- "There's a will, so there's no probate." A will says who inherits. If the house was in the person's name alone, it may still go through probate.
- "There's a trust, so the house is in it." Not always. Homes are sometimes never transferred into the trust, or are taken out during a refinance. The deed will tell you.
Official source: California Courts, when formal probate may not be needed