Legal Question in Wills and Trusts in California
Father died without a will or beneficiary,
My father recently died in a fire at a home he rented, my sisters and I are trying to settle his affairs. He didn't have much, but I as the eldest daughter am trying to find out how to take care of what's left. How do I get named executor with my sisters in agreement. We can't afford a lawer, and this has been very hard. He lived in Long Beach, CA.
2 Answers from Attorneys
Re: Father died without a will or beneficiary,
I'm sorry to hear about your father. If the estate is under $100,000 in value, you may not need an executor, and can transfer things by affidavit instead (see procedure and form at Probate Code section 13100). If probate is required, you should probably have a lawyer, and the lawyer's fees can come at the end from the estate, but Nolo Press does have a self-help book on probate that can guide you through the process.
Re: Father died without a will or beneficiary,
If the estate was worth less than $100,000 you can settle it with a simple affidavit procedure. Most banks have blank copies of the affidavit you'll need. Or you can find it online by searching "California small estate affidavit".
If the estate is worth more than $100,000 then it will need to be probated. Probate is not difficult, but it is quite "paperwork intensive". There are a number of "self-help" books and websites if you don't want to use a lawyer. However, be aware that in California it's illegal for a lawyer to charge you legal fees until there's an order for distributing the estate - at which time you should have money available to pay the fees.
You should also check out the Los Angeles County Bar Association's lawyer referral service.
Good luck.
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