How To Property can be transferred after the death of a parent.
It can be difficult to lose a parent.If they left you some of their property, you may have to go to court to get it transferred into your name.The process you use depends on whether your parent had a will or a trust.If they did not have a will or trust, you can use an affidavit to take control of the property.You can't get started until you have a copy of your parent's death certificate.
Step 1: You should look over the trust documents.
Within a couple of months after your parent's death, the Trustee will send notice to you.Information about your parent's trust as well as a copy of the trust documents are included in this notice.The property your parent left in the trust is detailed in these documents.A lot of legalese can be found in trust documents.If you don't understand the trust documents, you might want to have the Trustee or an attorney look at them for you.
Step 2: The trust has a Trustee.
If your parent's trust names someone as Trustee, they will be responsible for distributing the assets.You'll be looking for the successor Trustee if your parent had a living trust.The other parent may be named as the Trustee.It's possible that you are listed as the Trustee if your parents were divorced.If you are listed as a beneficiary, you can't be a Trustee.Your parent's bank is listed as the Trustee in some trusts.Some institutions have specific individuals that serve as trustees.
Step 3: Wait for the trustees to pay their debts.
The Trustee is responsible for paying all the debts and taxes of the deceased parent.In some cases, this involves selling assets from the trust.This shouldn't take more than a year with the typical trust.If your parent had $100,000 in debt and the only asset in the trust was a house, the house would have to be sold to pay the debt.Money left over would go to the trust's beneficiaries.
Step 4: To transfer the property, complete any necessary documents.
The documents needed to transfer property are dependent on the type of property.No documents are required to transfer ownership of most personal property.You will need documents to transfer the ownership of cars or boats.If your parent left you their car, you would need the title for it to transfer ownership to you.The title would be in the name of the trust if the car was held.The title would be filled out by the Trustee.
Step 5: You should read your parent's will to find out what property was left to you.
If the two of you were close, it can be difficult to read your parent's will.You should get a friend or loved one to sit with you while you read it.The will lists your parent's property and the items they want to leave to specific people.Some wills are short and leave all of the person's property to one person, while others are more detailed.It can be difficult to find your parent's will if they didn't tell you where it was before they died.You can check safe deposit boxes to see if your parent kept important papers.Some people make wills with the clerk of the court.It's not a legal requirement, but it ensures that you can find the will.You can find out if your parent can file wills by calling the county court.If your parent's will is there, they'll explain the procedure for retrieving it.Ask your parent's attorney about the will if you know their name.They might have a copy of your parent's will if they drafted it.
Step 6: The value of your parent's estate can be calculated.
Depending on the value of your parent's estate, courts have different requirements.If your parent left few assets, you may be able to use simpler procedures that don't require as much time and effort.You're only looking for a ballpark estimate for this calculation.If your parent owns real estate, it's probably over the threshold.If your parent only owns a vehicle and some personal property, they will fall below the threshold.Different states have different thresholds for formal probate.It's usually over $50,000.In California, it's as high as $100,000.
Step 7: Do you have a personal representative for your parent's estate?
The personal representative of your parent's estate will be responsible for paying their debts and distributing their property.If your parent has a will, the person they want to be their personal representative is likely named.See if your parent named an alternate if the personal representative is not available.You have to determine who is willing to serve in this capacity if they didn't.Pick a person who is mentally and emotionally prepared to take on this role.A lawyer can serve as your parent's personal representative.This is usually more expensive than using someone who is close to the family.Don't name someone who is listed as a beneficiary in your parent's will.If you know you're getting most of your parent's property, you shouldn't serve as their personal representative.
Step 8: Pick the correct court.
You can use the court in the county where your parent lived.If your parent owned property in a different county, you might be able to use the court there.A parent might own a house in one county but spend the last few months of their life in another.You would want to file your application in the county where your parent's house is located.The clerk of the court can help you figure out which court is right for you.You can find information on the court's website.
Step 9: The clerk of court can accept wills.
Before you file an application or petition to start the court process, you should submit a will.You can call the clerk's office.If you need to submit the will, they'll let you know what the process is for.Information about the process can be found on the website.You should bring the will to the clerk's office in person.You may have to submit copies of the will.Before you submit the will, make at least one copy for yourself.
Step 10: You need to complete an application.
If you're using simplified procedures, the probate court will likely have a form that you can fill out.You will usually have to hire an attorney to draft a formal petition.When you file your application, you will have to pay a filing fee.Fees vary from state to state and from county to county.They're usually a few hundred dollars.You can get reimbursed from your parent's estate if you file the application yourself.
Step 11: An attorney can assist with the administration of the estate.
If you were chosen as your parent's personal representative, you'll want to hire an attorney.The fees are paid by your parent's estate.If your parent doesn't have a lot of debt, the administration of the estate might be easy.You still want to talk to an attorney, even if you don't need one.A free initial consultation is offered by most attorneys who specialize in estate planning.It's a good idea to meet with 2 or 3 local attorneys so you can choose the one who best suits your needs.You're likely going to be working with them for at least a year if you pick someone you get along with.
Step 12: You have to attend court hearings to distribute property.
You only have to go to court once with simplified procedures.You will need to attend several court hearings in order for the judge to approve the distribution of property.For more complex estates, formal proceedings can take anywhere from 6 months to a year.If your parent had a lot of debt, you should expect it to take longer.
Step 13: There is a list of heirs.
Show your relationship to your parent's living relatives.If you want your parent's property to go into your name, you need to be their next of kin.If you are not the next of kin, or you have other siblings, you will need affidavits from them stating that they have no interest in the property.If you have a sister and a brother who has 2 kids, you would list your uncle, cousins, yourself, and your sister on your list of heirs.If your parent was divorced or not living, you and your sister would be considered his next of kin.If you don't know who your parent's heirs are, you can publish a notice of their death calling for them to come forward.The clerk of the court can help.
Step 14: An affidavit form can be found at banks or other institutions.
Many banks and other institutions have their own forms for affidavits.It is easier to get your parent's property if the form includes all the information the institution needs to release it to you.If your parent had a bank account, you should go to one of the bank's branches, explain the situation, and ask if they have an affidavit form for you to fill out.You can use affidavit forms on the website for your state court system.If all the information is included on the form, banks and other institutions will accept it.
Step 15: Take the time to fill out the affidavits.
The affidavit requires you to provide information about the death of your parent, as well as any proceedings that have already been conducted in court regarding their estate.There won't be any court proceedings if you use an affidavit to transfer property.Information about the property that you want to transfer to you will be required.If there are other heirs, they will need to sign affidavits as well.Even if you're the only one submitting the affidavit, your sibling would need to sign it.If someone else signs the affidavit who won't be present when you submit it, your signature needs to be notarized.
Step 16: There are ownership documents for the property.
If you want to take ownership of the property, you need proof that your parent owned it.The institution will usually tell you what you need.If your parent had a bank account, you'll need to know the account number and the name.If your parent had a debit card, you might need it.You can get the information from a recent bank statement.There is a specific ownership document for some property.If your parent owned a car, you would use the title in their name to prove it.You could get the title transferred to your name with their death certificate and affidavit.
Step 17: You can submit your affidavits to the authorities.
If you want the title to be transferred to your name, you need to submit an affidavit to the local title office.The affidavit and supporting documents should be submitted to the financial institution that holds the account.You can usually take items of personal property that don't have a title or other documentation.It's possible to get a friend or family member to come with you to help clean out their place or at least be there for moral support.