Legal Question in Wills and Trusts in California
loans to cover funeral costs etc
My father's land was in escrow when he died, we had no funds to cover burial costs, so siblings used credit cards to meet costs, believing we could immediately reimburse from the land sale before probate occurred. Is this correct? Are we better off paying interest and waiting for probate to end or disbursing some funds to cover costs incurred?
1 Answer from Attorneys
Re: loans to cover funeral costs etc
The sale of the land is not legally completed until escrow closes, so it is now part of the estate. If the total assets are less than $100,000, the estate does not have t go through probate. If the estate does have to go through probate, then before you can sell the property you need an administrator of the estate appointed by the court, an appraisal of the property, send out Notice of Adm Action, etc. So it may take 4-6 months or longer to get the property sold and your funeral contributions back. The Adm. could liquidate something else faster [3-4 months?] to pay you back.
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