Legal Question in Wills and Trusts in California

I am sorry for your loss. There is not really a deadline to start but the quicker you start the quicker you finish. I am assuming there is some equity in the home!? If not, you should consider doing nothing. However, if there is equity in the house then you should get the probate started. You can't sell it or re-fi until you get the process started. Call me Monday morning with any questions. -John

The house is an asset. You cannot do anything with it until you complete probate.

If there is equity in the residence, there is one deadline that I would be concerned about: property taxes. Typically, the property taxes do not go up if you are a child of the decedent but you should notify the local assessor's office through a change of ownership report so you preserve your rights to a parent child exclusion for property taxes. That change of ownership report is typically done through the probate process. If you have any other questions, you can call me at 510 724-2020.

David R. Baker, Attorney at Law