Question: My father passed away, I went through Probate proceedings, and got the final court order. I was trying to get a loan, and found that the house is still in my father’s name. Do I need to get a deed?
In California, when a client inherits real property through a final probate court order, a traditional deed (like a Grant Deed or Quitclaim Deed) is not created or required. The court order itself acts as the official document that transfers title.
Documents to Record at the County Recorder’s Office
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Certified Copy of the Court Order: You must obtain a certified copy of the final order (e.g., Order for Final Distribution or Order Determining Succession to Real Property) directly from the probate court clerk. A standard photocopy will be rejected by the recorder.
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Preliminary Change of Ownership Report (PCOR): This form (BOE-502-A) must be completed and submitted concurrently with the certified court order. The recorder forwards this to the County Assessor.
Additional Filings for the County Assessor
Because this is an inheritance from a parent, the client needs to file additional paperwork with the County Assessor to prevent an automatic property tax reassessment under Proposition 19:
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Claim for Reassessment Exclusion for Transfer Between Parent and Child: (Form BOE-19-P). To keep the father’s original property tax base, you must file this form and generally must use the home as their primary residence.
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Copy of the Death Certificate: The Assessor’s office typically requires this to process the parent-child reassessment exclusion.
Once the certified court order is officially recorded at the County Recorder’s office in the county where the property is located, the property is legally registered in your name.