Facts

The petitioner, Branden L. Smith, purchased a single family house with decedent in 1995, both taking title in
joint tenancy. In 1996, the petitioner moved out of the house and purchased a condominium. In order to qualify
for the condominium mortgage, petitionerÆs loan broker required petitioner to quitclaim his interest in the
single family house to the decedent.
Petitioner executed a quitclaim deed to the decedent, but remained liable for the house mortgage. In 1999, the
decedent unexpectedly died before quitclaiming the petitionerÆs interest back to him. No will was discovered
for the decedent, and probate was opened to administer her estate.
The petitioner filed a petition for an order directing the personal representative to convey the single family
house to him pursuant to Probate Code Section 9860.