"Real property" is land and things permanently affixed to land. If a mobile home or other structure is permanently attached to the land, it is treated as part of the real property. Real property also includes condominiums, lease hold interests in cooperatives, and underground utility installations.
Real property is transferred from one person to another by a document. When both parties are living, this is usually done with a deed. A deed must contain the name of the grantee(purchaser or person receiving title to the property), name of the grantor(seller or person conveying title to the property), a legal description of the property, a granting clause which says, "I hereby grant to..."(sometimes the words "transfer" or "convey" are used, and the signature(s) of the grantor(s).
When someone dies and leaves real property subject to a mortgage or encumbrance, as a rule the real property passes to the new owner along with the encumbrance, unless the decedent's will provides otherwise.
WAYS TO TRANSFER REAL ESTATE AFTER DEATH
To transfer real property belonging to a decedent, you will need to use a deed, affidavit, or court order, depending on how the decedent held title to the property and to whom it is left.
Any document affecting title to real property(deed, court order, affidavit, or deed of trust) should be recorded in the office of the county recorder for the county in which the real property is located. If a deed isn't recorded, the recorder's office will not have current property ownership information, and if someone relies on the out-of-date information in good faith, he or she will be protected. The recording of a document takes effect the moment it is received in the recorder's office.
The proper procedure to report the death of a real property owner is to file with the county assessor's office a form titled Change in Ownership Statement-Death of Real Property Owner, along with the Preliminary change of Ownership Report.
Kim Ward, Broker/REALTOR®
Horizon Real Estate
*central:619.741.0111*north county:858.776.6156*toll free:866.411.8884*fax:619.741.0112*
KimWard@ProbateSanDiego.net
DRE#01218310
