Legal Question in Real Estate Law in California

No Will

My husband is the oldest of 4 siblings, the parents died and left no will. they all want to sell the house. How do they go about doing it?


Asked on 10/15/07, 5:55 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: No Will

If none of the siblings held joint title to the property, they will have to open a probate and ask that the court appoint one of the siblings as the administrator. He/she will have to post a bond. Then, when there's a willing buyer or competing buyers, the court will conduct an in-courtroom auction or authorize the sale. Then, if nothing is left of the estate, the probate should be closed.

By the way, the law of intestacy says everything will be divided equally (unless you all agree on another way to deal with things).

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Answered on 10/15/07, 6:04 pm


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