What happens to a house when the owner dies

It depends almost entirely on how the title was held.

If the home was in a living trust, the successor trustee takes over without court involvement. They record an affidavit of death, administer the trust's instructions, and eventually distribute or sell the home. This is the smoothest path and the most common one in Orange County.

If the home was held in joint tenancy (often between spouses), the surviving owner records an affidavit of death of joint tenant and becomes the sole owner. No court, no probate.

If the home was in the deceased person's name alone with no trust, it generally must pass through probate — a court-supervised process with its own timeline and rules.

You can usually tell which situation you're in from the document the county recorded: an 'Affidavit of Death of Trustee' means a trust; 'of Joint Tenant' or 'of Spouse' means survivorship; court filings mean probate.

General education, not advice — verify anything you’ll rely on with a CPA or estate attorney.