Legal Question in Wills and Trusts in California

Re: Guidelines for probate with Attorney In Pro Per.

The minimum time for a probate is six months from the time of filing the petition. However, the average probate lasts somewhere between one to one and one-half years. If the probate has been open since 1997, it may be a good idea to contact an attorney to see about speeding things along.

If the residence is not sold, it would become the siblings' shared property at the close of probate. You should come to an agreement now regarding whether to keep or sell the residence. If one sibling wants it, he or she can buy out the other siblings' shares. If the siblings all want to keep it, they would have to work out an equitable arrangement for sharing of rents and expenses. An attorney could help with these arrangements.

Regarding the bond waiver, you can choose whether or not to sign such an agreement. Even if all siblings sign it, the court may still require a bond (this is often the case in Los Angeles County).

Finally, make sure the administrator follows all requirements for the probate, including notice to the property tax assessor and filing for the Prop. 13 tax exclusion. Nolo Press has a self-help guide for probate which may be helpful.

Re: Guidelines for probate with Attorney In Pro Per.

Mr. Johnson did a great job outlining the legal details for you. If you want the house sold and they want to keep it they can buy you out. If the sibling does not have the cash to buy you out they can take out a second on the house and pay you a third of the value of the house. If you would like to speak with me regarding this case and your rights as a beneficiary please give me a call. I can be reached at 888-563-8529. The call and consultation are free.

John Hayes

Re: Guidelines for probate with Attorney In Pro Per.

Although siblings are free to work out any "buyouts" among themselves, the administrator of an estate has no obligation to sell the property during administration proceedings, except where it is necessary to pay debts or administration expenses. An administrator would be within his rights to simply distribute the property in equal one-third interests at the conclusion of the probate process. If the siblings cannot agree on what to do with the property during probate, it is highly likely there will be disagreements among them after they are each equal one-third owners.

For this reason it is best to work out some an arrangement regarding the sale now. An incentive might bbe to paint the horror stories of co-owners of property, such as equal rights to possession.

Insofar as time frames in the probate process, there are deadlines like the reuqired filing of an Inventory and Appriasement of the estate assets within 4 months following appointment that should be adhered to or the Court, on motion, can "fire" the administrator. You should be aware of tehse deadlines.

I assume there is no will that raises the overall question about why you are permitting the brother to take it upon himself to administer the estate. Each sibling has an equal priority to appointment as administrator. If the appointment has not yet occurred I would suggest that one or all of you consult an attorney andone or all of you file for your own appointment as administrator. The attorney fees come out of the estate assets, which, by itself may require a sale of the property. You can negotiate fees with an attorney that may be less than the statutory fee. Having an experienced attorney handle the case should assure that it is completed in a timely manner and that you will have good advice to move things along.