In California, do I have to probate property transferred out of trust by deceased husband?
Full Question:
Answer:
The answer will depend on how title to the property was held. If when the property was transferred out of the trust it was conveyed to you and your husband, it may fall as community property. Also, if the property was conveyed with a right of survivorship, an aspect of the law adopted in California nearly 10 years ago, the surviving spouse would become the sole owner of the property upon the death of the spouse. No probate action would be necessary.
It would be recommended that you closely review the deed that conveyed the property out of the trust. If it conveyed the property only to your husband, you may have to seek probate court assistance to obtain title.
You may also wish to consult with a local attorney experienced in real estate and probate work.
