How to Transfer Property After a Parent Dies in California

The first thing families ask when a parent dies is some version of: “Is the house ours now?” The honest answer depends entirely on one thing, and it’s almost never what people expect. It isn’t who’s named in the will. It’s how the deed is titled at the moment of death.

That single detail determines whether transferring the property takes a few weeks with some paperwork at the county recorder, a streamlined court petition, or a full 12-to-18-month probate. Before you do anything else, get a copy of the most recent deed from the county recorder’s office. Everything else flows from what that deed says.

Here’s how to transfer property after a parent dies in California, depending on what you find.

Path 1: The Property Was Held in a Living Trust

If the deed shows the property is owned by your parent “as trustee of” their living trust, you’re in the best-case scenario. No court involvement required. The trust document names a successor trustee (often one of the children), and that person now has legal authority to transfer the property.

The successor trustee’s job, in order:

1. Locate the original trust document and the most recent deed. Confirm the property is actually titled in the name of the trust. If it isn’t, skip to Path 4 below.
2. Send trust notifications. Under California Probate Code Section 16061.7, the successor trustee must send written notice to all beneficiaries and legal heirs within 60 days of the death. This notice starts a 120-day window during which anyone can contest the trust. Skipping this step exposes the trustee to personal liability and can leave the trust open to challenge indefinitely.
3. Record an Affidavit of Death of Trustee with the county recorder, along with a certified copy of the death certificate. This publicly establishes that the successor trustee now has authority to act.
4. Prepare and record a grant deed transferring the property from the trust to the beneficiaries (or keeping it in the trust for continued administration, depending on the trust’s instructions).
5. File a Preliminary Change of Ownership Report (PCOR) with the county assessor. This is also the form where the parent-child transfer exclusion is claimed.

Done correctly, this entire process typically takes 30 to 60 days for the property transfer itself.

Path 2: The Property Was Held as Joint Tenancy or Community Property with Right of Survivorship

If the deed shows your parent and another person (often a surviving spouse or another family member) as “joint tenants” or “community property with right of survivorship,” the surviving owner automatically inherits the decedent’s share by operation of law.

The paperwork to clear the title is straightforward:

• Record an Affidavit of Death of Joint Tenant (or Affidavit of Death of Spouse or Domestic Partner for community property with right of survivorship) with the county recorder
• Attach a certified copy of the death certificate
• File a PCOR with the county assessor

After recording, the surviving owner holds the property outright. If the surviving spouse wants to clarify the record, they can record a new grant deed in their own name alone.

One caution: if the property is community property but the deed doesn’t include survivorship language, a Spousal Property Petition in probate court is usually needed instead. The deed language matters more than most families realize.

Path 3: The Property Was Subject to a Transfer on Death (TOD) Deed

California allows homeowners to name a beneficiary directly on the property through a Revocable Transfer on Death Deed. If your parent recorded one during their lifetime, the property passes to the named beneficiaries without probate.

The process has a few specific requirements:

• Send a Notice of Revocable Transfer on Death Deed to all legal heirs, along with a copy of the recorded deed and the death certificate
• Notarize and record an Affidavit of Death of Transferor with the county recorder
• File a PCOR with the county assessor
• If the decedent received Medi-Cal benefits, notify the California Department of Health Care Services

Important caveat: beneficiaries under a TOD deed accept personal liability for the decedent’s unsecured debts (credit cards, medical bills, personal loans), up to the value of their share. If you’d rather not take on that exposure, you can file a disclaimer at the county recorder’s office within 9 months of the death.

Path 4: The Property Was in Your Parent’s Name Alone

This is the path that catches most California families. If your parent owned the home in their individual name without a trust, without a joint tenant, and without a TOD deed, California probate law controls what happens next.

The good news, if you can call it that, is that California changed the rules in 2025. Under California Probate Code Section 13151, amended by AB 2016, heirs can now use a streamlined probate procedure called a Petition to Determine Succession to Primary Residence (Judicial Council Form DE-310) if:

• The property was the decedent’s primary residence in California
• The gross value of the residence does not exceed $750,000
• At least 40 days have passed since the death
• No other probate administration is pending

The petition still requires a court hearing, a probate referee appraisal (Form DE-160), notice to all heirs and devisees within five business days of filing, and a judge’s order (Form DE-315) before title can be transferred. It’s faster and cheaper than full probate, but it is still a court process, not a DIY affidavit.

If the home is worth more than $750,000, or if your parent owned other substantial property, you’re likely looking at full probate, which means filing a Petition for Probate (Form DE-111), getting a personal representative appointed, providing notice to creditors for four months, filing an Inventory and Appraisal, and waiting for the judge’s final order.

What About Personal Property and Accounts?

Real estate is only part of the picture. For personal property (bank accounts, vehicles, investments) under $208,850 (for deaths through March 31, 2026) or $239,700 (for deaths on or after April 1, 2026), heirs can use a small estate affidavit under Probate Code Section 13100 after the 40-day waiting period. The residence value is excluded from that calculation if it qualifies for the DE-310 petition.

Retirement accounts and life insurance with named beneficiaries pass directly to those beneficiaries, outside probate entirely. Same with payable-on-death bank accounts.

What Should You Do First?

Before anything else:

1. Get a certified copy of the death certificate. You’ll need several. Order at least five to start.
2. Get a copy of the most recent deed from the county recorder where the property is located.
3. Look for a trust document, a will, and any TOD deeds recorded against the property.
4. Don’t pay bills, distribute anything, or move property until you understand which path applies. Early distributions can create personal liability for whoever is handling the estate.

A 30-minute conversation with a probate and trust administration attorney after gathering these documents often saves families weeks of confusion and thousands of dollars in avoidable mistakes.

When You Should Get Help

Transferring property after a parent dies can be straightforward when the planning was done right. It is significantly harder when:

• The property was intended to be in a trust but was never titled in the trust’s name (this may require a Heggstad petition)
• The deed language is ambiguous or the title chain has gaps
• There are multiple heirs and not everyone agrees
• The parent owned property in another state (ancillary probate may be required)
• Creditors are actively making claims against the estate
• There’s any question about the validity of the will, trust, or deed

If you’re sorting through a parent’s estate and trying to figure out which path applies to your situation, contact us to book a planning session. We’ll help you understand what the deed means, what needs to happen next, and how to do it without creating problems for yourself.

References

1. California Probate Code § 13100 (small estate affidavit threshold).
2. California Probate Code § 13151 (Petition to Determine Succession to Primary Residence).
3. California Probate Code § 13152 (requirements for succession petition).
4. California Probate Code § 16061.7 (successor trustee notification requirement).
5. California Assembly Bill 2016 (2024), amending Probate Code §§ 13100–13158.
6. Judicial Council of California, Form DE-310 (Petition to Determine Succession to Primary Residence).
7. Judicial Council of California, Form DE-315 (Order Determining Succession to Primary Residence).
8. Judicial Council of California, Form DE-111 (Petition for Probate).
9. Judicial Council of California, Form DE-160 (Inventory and Appraisal).
10. California Courts Self-Help Center, Guide to Property After Someone Dies.