Legal Question in Wills and Trusts in California

It has been more than six months since my father passed and a probate has been opened by a creditor (credit card company) on my fathers property, but I recently learned that since the property is less than $100,000.00 I could I file a petition/order to determine succession to real property. Can I file this petition/order to claim the property since I'm the heir even though a probate has been opened?

The property was appraised at $88,000.as of the date of death.


Asked on 12/15/11, 8:45 am

3 Answers from Attorneys
Michele Cusack Pollak & Cusack

No, once there's a probate order, you cannot use the small estate affidavit. (And even if you had used it, you would be responsible for paying the creditor.)

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Answered on 12/15/11, 9:02 am
Michele Cusack Pollak & Cusack

to the extent of the property you received, I should have added.

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Answered on 12/15/11, 9:03 am
ROBERTA AVRUTIN Roberta Avrutin Law Offices

I agree with Michele.

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Answered on 12/15/11, 1:23 pm


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