Legal Question in Wills and Trusts in California
My friend's wife died. She owned a seperate property prior to their marriage and it remained in her name only. They had no will. She still has parents, siblings, children, all living. This is all in California. Does he need to complete the Notice of Petition to Administer Estate to be able to take over the property?
4 Answers from Attorneys
The value of the property as determined by a probate referee determines whether he can file and record an Affidavit Re Property of Small Value, a Petition for Succession or a Petition for Probate. The form you mention is a notice form that is done once a hearing has been set for the court to hear the Petition for Probate.
The previous answer by counsel is correct.
But note that if SP, the husband will only inherit 1/3 (if two or more children)
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