is probate required when someone dies intestate with real property?

Asked in San Diego, CA on March 31, 2026 Last answered on April 7, 2026

1 answer

Norell S. Manning
Answered by:

Norell S. Manning

San Diego, CA
Law Office of Norell S. Manning 858-321-6766
Answer

Typically yes. However, if the property was held as joint tenants or community property with another person who is still living, that person becomes the sole owner of the property. The surviving joint owner can file an affidavit of death to have the deceased joint owner removed. If the property was solely owned by the deceased person, then a probate proceeding will be required. 

DISCLAIMER: The information contained in this response is intended to provide general information. Nothing in this response should not be construed as legal advice or opinion. This response is not an offer to represent you, nor is it intended to create an attorney-client relationship. 

April 7, 2026

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The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.

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