Legal Question in Wills and Trusts in California

My father passed away 2 years ago. He did not have a will (that I know of) and he was never married. I am his only child. He did not have any bank accounts. He left behind a condo worth about $200,000, It is fully paid off, which I currently live in.

I would like to have it transford into my name.

Question 1. Is there (legally or not) any way around going to probate?

Question 2. If I hire an attorney to probate his estate, will it likely be sold to pay the attorney?

Question 3? If he had other debts, does it have to be sold to pay those?

Question 4? Can I probate it myself?

I have kept the property taxes up to date and an paying the HOA fees. This is my home, I really dont want to lose it.


Asked on 9/12/18, 8:33 am

2 Answers from Attorneys
Aaron Feldman Feldman Law Group

Unfortunately, you will need to go through Probate to transfer title into your name. If the $200,000 condo is the only asset subject to Probate then the statutory fee for an attorney will be $7,000. You can pay those fees from funds outside of the Estate, assuming you have sufficient funds to do so. There will also be costs of approximately $1,500.

Filing Probate will create a 4 month claims period for creditors to file claims and any such claims will need to be dealt with. People do Probate Estates without an attorney, but there are many forms, rules and deadlines and my clients certainly feel the peace of mind is well worth the cost involved.

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Answered on 9/12/18, 9:53 am
Michele Cusack Pollak & Cusack

I agree with Mr. Feldman that it is best to hire an attorney, but if you cannot afford one Nolo Press is a good resource for do it yourselfers. And, all the necessary forms should be available on the website of the court of your county. If you are low income, google and see if you can find a free or fee-adjusted legal clinic in your area. There's no way to get around the filings fees and other expenses, though- Mr. Feldman gave a good estimate.

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Answered on 9/12/18, 3:41 pm


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