California Case - There is a probate and an item of real property if distributed via court order (order determining succession to real prope...

Question

California Case - There is a probate and an item of real property if distributed via court order (order determining succession to real property) as follows: "John Smith - an undivided 50% interest, Mary Smith - an undivided 50% interest"

John is now dead. Did the order leave it to the 2 of them as joint tenants or tenants in common? My gut tells me that if the order does not address the issue, the presumption is tenants in common. If so, then I guess its back to probate court.

Answer

Back to probate court absent other facts. Where unspecified title is as tenants in common. You may have a short cut if the Decedant had a trust and you can argue a Heggstadt petition is appropriate, or if the value of the interest is less than the statutory maximum for real estate of $150,000 gross. Probate Code Section. 13151.