Legal Question in Wills and Trusts in California

It depends how title was held. If you held it with your mother as tenants in common, then her interest in the real property probably would have to be probated. If it were held as joint tenants, you probably now would be the sole owner -- subject to the deed(s) of trust, of course. It's worth bringing the documents to an attorney to help you over the hurdles.

I'm sorry for your loss.

Whether a probate will need to be opened and whether your brother might have a claim will depend upon how your mother transferred title to you.

Therefore, I recommend that you consult with a local attorney to review the deed and let you know whether you will need to probate the estate.

If you do need to probate the estate it will take several months assuming no stumbling blocks arise.

Let me know if you want to talk about it.

Caleb