Legal Question in Wills and Trusts in California

Pursuant to California Probate Code Section 6402 (a) where there is no surviving spouse (dad was divorced or widowed) and he left no will, his estate passes to his children (you as the only child). If your father had died with no surviving children then, pursuant to sub section (b) his estate would pass to his parents.

If your father left more than $100,000 of assets with no named beneficiary or joint tenancy then you will have to retain counsel and Petition the Court to appoint you as executor of your father's estate. You have priority to be appointed as his only child with no surviving spouse. If there are "probatable" assets less than $100,000 you can obtain the assets via declarations.

For more information speak with an attorney who practices in the probate courts.