Can a heir transfer their rights?

Question

I found a house that is owned under the name of the deceased. I found next of kin but she opted not to go through probate.  There are two other family members and they also wish not to petition even after I offered to pay for the filling. They plan to let it sell at a tax deed auction unless I can find a way to convey title. So I'm wondering...is it possible in California for the heir/s to assign, transfer or relinquish their rights of succession to me ( a non family member) ? If so what type of documents and how would I go about doing this. I'm wondering if this is possible and if so...would I then be able to petition for probate? Your thoughts BP family and @RickH

Ed Tamayo · Answer

I would think that it is possible to do what you want but you may have to do some more steps than you think:

First, you need to do some research and find out ALL the people that can make a claim on the property. (all heirs).  You may need to hire an expert genealogist to do this.

Second, you go and buy them their inheritance rights and obtain a power of attorney from each of them to do the probate on their behalf.  (I would suggest, you don't pay any money out unless you have secured all heirs participation)

Third - You open a probate with the express purpose of dealing with the property

Fourth, You do a Quiet Title Action

I would suggest you take this plan to a lawyer that does Quiet Title Actions and ask them for their help.

John Slater · Answer

To answer your question directly, No, there is no way to transfer title without probate.  Technically anyone can file probate on behalf of the estate, but its very unusual for it to happen to way you are asking because the probate court will look at who is potentially the beneficiary's of the estate of which you aren't one.  First port of call should be posing the question to a probate attorney.  But, let's say you were able to file probate, all potential beneficiaries would need to be notified and all parties would need to sign off their interest...  which, not sure why anyone would say no to potential money coming their way.  Did any of them say why they weren't interested to file probate if there is equity?

Darius Ogloza · Answer

Many California counties have a policy of not initiating a tax deed sale until 5 years worth of taxes have gone unpaid.  How much tax is outstanding?

Although certainly NOT risk free, if you have done your research and there is no will and you are confident that the three heirs would be entitled to receive 100% interest in the property through California's intestacy statute (or else, if the three would have taken under a lawful will), you can have each of the three quitclaim their interests to you and then pay the outstanding taxes.  Your interest would be superior to the interests of the three heirs but inferior to any other liens that might be on the property.  What it would take for you to get a marketable title (or at least a title that a title company would insure over) after that as the next step would require some additional research.

Bill B. · Answer

I was going to ask if California was an owner redemption state where they would have the right to buy after the tax deed sale. But, it doesn’t matter, until the property goes through probate they don’t have any ownership rights.

Is there enough equity to pay the deceased's entire debt load and give the heirs enough money to encourage them to participate? If so, contact a probate lawyer and see how little work they can make it for the heirs.