How do we get our deceased mothers house transferred to us?

E. M.: How do my sister and I get our deceased mothers house transferred to us?
My mother passed and left her house to my sister and I. We dont know how to go about transferring it over to our ownership. We would take over the mortgage and continue living in it. Any help would be a godsend. We live in california.

Answers and Views:

Answer by Bills.com
Consult with a lawyer who has probate experience in your mother’s state of residence.

Probate is the process in which an administrator or executor tallies all of the assets of the deceased person. The administrator or executor does the same with the deceased person’s liabilities. Creditors are paid based on the assets available in the estate. If there is a will, the executor follows its instructions and distributes cash and property.

Regarding the house, the administrator or executor will follow state law and the will (if any) to transfer the title to the heirs. Alternatively, the title may be of a type that conveys ownership rights to someone upon the owner’s death. Again, it is administrator or executor’s job to complete this task with consultation of a probate lawyer.

You will learn in the probate process if the mortgage is assumable. If it cannot be assumed, then you, your sibling, or both jointly must qualify for a home loan. Regardless, start the probate process now by consulting a probate lawyer.

Answer by Cathi K
You need to go through probate. If there is a loan the odds of taking over the loan are minimal. You would most likely have to refinance.