Probate court and wills

[Willquestion22]

Jurisdiction

California

I would like some general information on how to go about this situation. My parents passed away about 1.5 years ago and left 2 homes split between 6 children. Three children per home. The whole process has been taken over by the eldest of the family. How long does a generally take for the transfer of the deed? The will went through probate court.

 

[Tax Counsel]

I would like some general information on how to go about this situation. My parents passed away about 1.5 years ago and left 2 homes split between 6 children. Three children per home. The whole process has been taken over by the eldest of the family. How long does a generally take for the transfer of the deed? The will went through probate court.

No way to give you a time estimate here because it depends on a lot of things: what the current state of the probate case is, whether there are any challenges being made by heirs or creditors, and what the kids really want to do with these properties. Will 3 kids be happy trying to share and maintain a house together? Usually in this situation I'd nudge my clients towards simply having the court sell the properties and divide the cash among the kids. Then it's all done, no ongoing issues with the houses to contend with and no problems of having to decide how to resolve future disputes regarding the properties.

 

[adjusterjack]

How long does a generally take for the transfer of the deed?

A better question is why hasn't the deed been executed till now?

Who, or what, is causing the log jam?

 

[zddoodah]

I would like some general information on how to go about this situation.

Here's some general information.

My parents passed away about 1.5 years ago

Both of them? At the same time?

and left 2 homes split between 6 children. Three children per home.

What exactly does this mean? Is the intended end result really that children A, B and C will jointly own Home #1 and children D, E and F will jointly own Home #2?

With married individuals who die simultaneously or in close proximity, the situation can become very complicated, depending on the extent of their estate planning documents. Did either or both of your parents have wills? Have their estates been probated or are the in the process of probate? If not, why not? If so, who is the personal representative of the estates? Did they have a trust that held title to the homes? If so, who is the trustee?

The whole process has been taken over by the eldest of the family.

Meaning what exactly? And is this person represented by an attorney?

How long does a generally take for the transfer of the deed?

Most probate cases can be concluded in 6-24 months after filing. However, generalities are meaningless.

The will went through probate court.

"Will" (singular)? Which will? Your father's or your mother's? And, if only one, why only one?