Legal Question in Wills and Trusts in California

You do not state whether your friend has the will. Whoever has the will must lodge it with the Court or be liable for any damages due to not filing it within 30 days of death. Your question implies that the step-daughter will not return the furniture and, I assume your friend has spoken to her about it. Your next step is to retain an attorney. Whoever is named as executor in the will should file a petition with the court to begin probate. If the person named does not want to accept the position of executor another family member should petition the court to begin probate. The executor or administrator of the estate can file a petition under Probate Code Section 850 to recover the property for the estate. The procedures and statutes which govern all of the probate procedures and the documents that must be prepared and filed are beyond the experience and capabilities of the average layman.

If you are very daring and can stand a great deal of frustration, purchase a copy of the Nolo Press book on Probate which can be purchased at major bookstores or on Amazon.com. It will suggest an easily understandable, normal, one-size-fits-all approach but your question indicates you may be in a dispute with the step daughter. Disputes are best handled by attorneys who know the law and procedure by training and experience. If your friend cannot afford a lawyer contact a local law school and ask if they have a clinic. Students will advise and may represent you under the control and guidance of a professor who is a lawyer. If that does not work and your friend is very low income he can contact the legal aid society. If your friend can justify his lack of assets the court will waive filing fees.