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edpemt · Sep 15, 2015, 08:37 AM

Can a heir get their part out of heir property . Been on property 76 yrs a direct heir ca and I just get or divide my piece out witghout the rest doing anythig. Or do I have too have a full probate hearing

ebaines · Sep 15, 2015, 12:05 PM

Please be more specific. It sounds like the property was willed by the decedent to several people, including you, and you want to split out ownership of a piece from the rest so that you get title to that piece - is that correct? If so, the executor (also known as "personal representative in some states) will have to take care of the division of property, and yes - it will have to go through the probate process. In some states fairly simple estates can go though a simplified probate process, but I suspect that with land in the estate that is being divided among two or more heirs that's probably not an option. But as with all legal questions involving state law, we can't answer for certain unless you tell us what state the land is in.

AK lawyer · Sep 17, 2015, 11:13 AM

First, OP is not clear whether the estate of whoever originally owned it has been probated. California (where I gathered the property is located), and all other states require this. OP wrote that he/she has "Been on property 76 yrs a direct heir ca". So, if 76 hears ago someone died, and OP (as well as the others) simply assumed they, as heirs, had to do nothing to get it into their names. That is not correct. It is astounding how many people seem to think that.

If it has been properly conveyed, out of a probate case, to OP and the others, what OP needs to do is file in court a "partition" case. It could be divide, or more likely sold, and the respective owners would receive their shares of the proceeds. I really doubt that opening a new probate case after all these years would make sense, but OP really needs to speak to an attorney.

joypulv · Sep 17, 2015, 01:00 PM

I think he's in LA, from all his previous posts. 'ca and' probably was 'can.' We went over so much of this in months past.

AK lawyer · Sep 17, 2015, 03:21 PM

Originally Posted by joypulv

I think he's in LA, from all his previous posts. 'ca and' probably was 'can.' We went over so much of this in months past.

OK.

And in answer to "... I just get or divide my piece out without (spelling corrected) the rest doing anything [?]": No. At the very minimum, all the rest would have to sign a deed, thus agreeing that it is indeed your "piece".