Legal Question in Wills and Trusts in California

The longer you wait to start the probate procedure the more time it will take before it is over. Since your brother will likely fight you,there wil be issues of the rent he owes the estate for living there, you will need a court order for the sale of the property and it will take several months from the time the house is put on the market to the date the court approves the sale--yes, it will take longer than 6-7 months. If you need the money very soon, there are companies that buy inheritances, but at a discount. You need to read a Nolo Pres or similar book on probate and likely need to hire an attorney to advise you.

hhttps://www.lawguru.com/answers/answer/free_show/812565584#ow to proceed.

Probate takes 7 months start to finish in most counties in most cases. If you get quick hearing dates you can occasionally get it down to 6 months but that's rare. In a situation with another heir who will likely fight things it's a good idea to hire a probate attorney. I, for example, am a certified specialist in probate law and I conduct a lot of probates each year. Feel free to call me if you want to talk about your case. -John

I generally agree with the previous responses you have received. I write separately to advise you not to wait too long. I had one case in which the court ruled that the sibling obtained the house through adverse possession, because she occupied the house, with a recorded deed (albeit forged), and paid the property taxes. So I suggest you get moving, and not lose the property through inadvertence or inaction.