Legal Question in Wills and Trusts in California

Re: Mother Died Without a Will

Sounds like you probably need to open a probate to clear title to the 4 children. You can file a probate yourself but most people use an attorney as it can be a difficult task to handle without a professional. Attorneys are typically paid a statutory legal fee which on a $190,000 probate would equal almost $7,000. I would gladly assist you on an hourly basis which would save you a couple thousand dollars. Please send me an email if you would like to proceed. [email protected]

Re: Mother Died Without a Will

If the house is titled in just your mother's name, a probate would likely be necessary. With no will (and no spouse), her assets would be divided equally between her children.

The process is fairly simple, but it will take six months at the least, and more like 9-12 on average. However, clients and attorneys who meet the deadlines can get the assets distributed in six months.

See an attorney about opening the probate--one or more of the children can petition to be appointed administrator (same function as executor) to oversee the process, which will also include settling of any creditor's claims, and selling of the assets, if necessary.

The fees charged by the attorney (and the administrator) are based on a statutory formula, which is a percentage of the value of the assets. The fee is negotiable.

Re: Mother Died Without a Will

I agree with the others that you will need to file a probate action to transfer the property. It will take about 6 months to a year, assuming everything is uncontested and everything goes smoothly. The time can vary greatly depending on the particular county court's docket. If you are in the Bay Area, let me know if I can help. Check out www.sfolaw.com for details.

Re: Mother Died Without a Will

A petition for probate needs to be filed. If you need assistance in this matter, we have an office near you. Please feel free to call me at 800-300-9977, you can ask Karen to set an appointment.

Mina Sirkin, Esq.

Certified Specialist Estate Planning, Probate and Trust Law, State Bar of California Board of Legal Specialization

Re: Mother Died Without a Will

Unless mom's home is in joint tenancy or the deed was placed in a living trust, because she has over $100,000 [$190,000]your probably going to have to file this in Probate Court and hire an attorney. Generally, 5% is devoured to pay the fees and it can take between six months to two years depending on the jurisdiction and whether your counsel can get it in the streamline process. Some people don't think they have enough for a simple living trust/pour over will but all it takes is $100,000 in assets.

Re: Mother Died Without a Will

If your Mother's total estate is less than $100,000.00. There is no necessity for a probate. Except if there's real property (a house) in the estate worth more than $20,000.00. Then there must be a probate. Too bad she didn't do a trust and put the house into it.

Re: Mother Died Without a Will

you will have to file a probate to transfer the house to the kids. If you are in So. Cal. I can help you.