Legal Question in Wills and Trusts in California
My father-in-law passed away recently without a will. His only possession was some land in San Bernardino County on which was a mobile home. He spent his last 11 months in a nursing facility in Los Angeles County. He was a widower with 4 daughters. Do we need to hire a lawyer or are there some forms we can complete and submit to the courts. If the latter, do we submit them to the court in San Bernardino County or Los Angeles County?
3 Answers from Attorneys
You are not required to hire a lawyer, but a lawyer will make your life a lot easier in filing a petition for the probate of your father's estate to eventually get the title to the property into your name and the sisters, particularly if you want to sell the property, the title company will want a clear title, in the county of your father's residence.
There are forms, and the type will depend on the value of the property (under $50,000, between $50,000 and $150,000, or over $150,000). You can do it yourself, and there are books to help, but it can be a bit complicated so I'd recommend hiring a lawyer. The lawyer can also help with the decision regarding where to file, but it sounds like he was a San Bernardino County resident and the filing would thus likely be in their county court.
"If the decedent was domiciled in this state at the time of death, the proper county for proceedings concerning administration of the decedent's estate is the county in which the decedent was domiciled, regardless of where the decedent died." (Prob. Code, sect. 7051.)
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