Legal Question in Wills and Trusts in California

Giving you 'hints and tips' is not going to do you any good, unless you know how to prepare, file and serve appropriate pleadings. You need to hire local counsel to get this done before it is too late.

So the father of your children died, and his sister has filed for probate.

Either the deceased died with a will, or without one.

If he died without a will, then his children inherit the estate, in equal shares. If either of the children are adults, they could file an objection because they'll have priority of appointment over their aunt. However, you don't have priority of appointment over the aunt, so there's little point in you seeking appointment as administrator, even if your children are minor children and you are seeking to act on their behalf.

If there's a will, then the estate passes in the manner provided for in the will, and the executor of the estate will likely be the person nominated as executor under the will. I would hazard a guess that if there is a will, then the sister was named as executor.

However, all of what I wrote above is speculation. Terry A. Nelson is correct. You can't rely on helpful hints. This isn't a simple matter and there's no easy inexpensive way of dealing with the problem. If you want to do anything, you first need to sit down with an attorney, with a copy of the probate petition (or whatever petition there is) and any other court documents filed in the case, and review the matter in detail so the attorney can advise you as to what rights your children have under the circumstances.