How to Clear Title to Real Estate After Death in California

Without clear title, real estate transactions cannot proceed. Proper legal procedures ensure ownership is recognized and transferable.

A decedent’s interest in real property must be cleared before that property can be sold or transferred.  If title is held in joint tenancy, community property with right of survivorship or in a trust then title can typically be cleared with an affidavit that is recorded in the county records.

If title is not held in one of these ways, then legal ownership must be formally established and that process typically includes a court proceeding. It might involve a full probate administration or a summary procedure depending upon how title was held to the property and the supporting documents.