Legal Question in Wills and Trusts in California
How does the court know to start probate in an intestate situation?
3 Answers from Attorneys
One of the heirs files a petition for appointment as administrator of the decedent's estate without will annexed.
An heir or other related party has to start the probate. The court has no way of knowing otherwise. However, many items, including real property, can not be transferred until the probate is established. THis is why there are often probates years after someone passes away. The heirs have no idea that it is required until they try to transfer or sell something that belonged to the decedent.
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The Court will not initiate probate proceedings. An interested party such as one of the heirs has to initiate the proceedings.
There is not always the need for a probate. This will depend upon the estimated value of property belonging to the decedent (person who died) at the time of their death and the nature of the property.
If you are one of the heirs you should find an attorney preferably relatively close to where the decedent lived at the time of their death.
I would be happy to speak with you to discuss your options.
Caleb