Can I avoid probate court if I'm on the deed of a house.?
I live in California. 6 years ago my grandmother told me she wanted me to have the house when she passed away. She put me on the grant deed as joint tenants. She recently passed and I did a affidavit of death of joint tenants and it's solely in my name now. I'm trying to evict a no good younger brother from my house and he said he's going to take the house from me because grandma verbally said he can have it. he's lying because grandma never wanted him to have it. He's just on drugs and greedy. A eviction mediator stated that it will go to probate court now. Since there was no will when she died, can my affidavit of death of joint tenant avoid a lengthy and costly probate?
- YirmiyahuLv 77 years agoFavourite answer
California requires all real estate transactions and contracts to be written. Even if your younger brother proved beyond a shadow of a doubt that your grandmother wanted him to have the house, every court would tell him, "tough luck".
Probate shouldn't be long, but you can still evict.
- acermillLv 77 years ago
The house is in your name, so you can avoid probate on the house. However, the remainder of Grandma's estate possessions (cash and everything else) must go through probate, and be divided amongst survivors according to the laws of your state (because Grandma didn't prepare a will).
- SlickterpLv 77 years ago
Your brother is getting evicted. He won't ever get the house.
There is no probate for the house, it's yours. The rest of her stuff, yes.
This does not affect the eviction, go forward.
- kemperkLv 77 years ago
to solve all sorts of problems, go to a superior court mediator.
[i had never heard of an eviction mediator--was that at
the small claims court--as they handle evictions]
why is probate automatically going to cost you lots of $??
I see 1 mo for the court date and 1 hour of court time.