California  |  Wills and Trusts

Legal Question

Asked on: 9/27/07, 8:32 am

How long after death can we file for probate?

It has been nearly 2.5 years since my mother passed away and did not leave a will. My sister and I are trying to make decisions regarding her house but since neither of us were appointed executor of her estate, we were told that the house needs to go into probate and that it could take from 6 months to a year or longer, but that we have to continue to pay the mortgage while the house is in probate. We both have our own homes and cannot afford to pay the mortgage on mom's house so we have just done nothing with it since she passed. Now the title company is contacting us and would like to make arrangements but needs proper documentation showing that we can make decisions on her behalf. Can we still go through probate to sell our mother's home even after 2.5 years, and if we get a lawyer can he/she help us get paperwork that we could present to the title company in order to make these decisions on my mother's house?? One other problem, the title co. needs these documents by Oct.1 and that is in 4 days. Are we screwed?

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