Legal Question in Wills and Trusts in California

I'm sorry to hear it--as for probate, if no will is found, his children share his estate equally, and any children of predeceased children take that child's share. If his assets are worth more than $100,000, opening a probate in court is required, and all of you have equal priority in being appointed administrator of the estate. The administrator doesn't have to live in California, and can handle most things from out of state if the attorney involved in the probate is in the state.

If the assets are worth less than $100,000, you can transfer them with a 13100 affidavit, and things like life insurance and retirement plans can often be transferred with a claim form--check with the companies to find out their procedures.

I am sorry for your loss. Even though estranged, the death of a parent can have a significant impact.

With regard to what can be done a probate proceeding can be opened on behalf of you and/or your brother and sister. A probate is a court proceeding where the assets of the deceased (your father) are marshalled (collected and inventoried) and distributed pursuant to either will or intestate succession (if no will).

Since he did not have a will his property will pass through "intestate succession" which defines where most people would want their property to go if they die without a will. In your father's case it will likely be split evenly between his three children.

Whether a probate is needed will depend on the value of his estate (all his assets including house(s), bank accounts, cars, etc.) as well as the type of assets.

You should contact an attorney in or near the county in which he resided upon his death to discuss your options.

Attorneys handling a probate are typically paid a percentage of the value of the assets of the estate. The percentages are fixed by law. So, you usually don't have to worry about paying the attorney out of your own pocket.

I would be happy to talk with you about your options.

Caleb

email: [email protected]