Legal Question in Wills and Trusts in California

Re: Mother Passing No Will No Contesting heirs...

I am very sorry to hear of your mother's passing. Mo co-counsel are all correct, a Probate IS necessary and it IS to technical for you to try alone. You really do want an attorney representing you.

You are not going to be able to sell the home until the Probate is completed, because of issues that will arise with the chain of title (this means that noone will be able to offer title insurance).

Not to worry, these things do happen and the banks are aware of these types of situations. They will not rush to "throw you out" because of it.

I see by your zip that you are in Northern CA. I would like to help you out with this, but we are located in Pasadena. If you have problems finding good representation near you, please do not hesitate to contact me and we will be able to figure out a way to assist you.

For some basic probate information, please take a look at our firm's site at www.No-Probate.com.

Scott Linden

Re: Mother Passing No Will No Contesting heirs...

Depending on what county you are in the house can be sold in a few days or as much as 6 weeks from the time we file. The key is having a good attorney who knows what documents to file. In a standard probate we would file your petition to be Administrator today and get a Court date around the first week of January. Technically you can't start selling the house until then. However, let's just say you find a buyer the same day we go to Court in early January and they are ready to close escrow then also. I can get a Court order that day to sell the house. I also know the other documentation that will be required by the title company to allow the sale to go through. So, first or second week of January would be standard. If you are in an emergency situation we sometimes can get you appointed as Special Administrator and get the house sold quicker. However, it is pretty difficult to sell a house under a Special so the standard probate and early January sale would be best. Let me know if I can help.

Re: Mother Passing No Will No Contesting heirs...

The faster you open a Probate, the sooner everything can be done. You should be able to get Letters for Special Administration to list and sell the property. The creditors will be taken care of through the probate system, and many times we can get them to discount their bills.

I handle probates throughout California. Attorney fees for Probate matters are set by statute, and are paid from the estate.

Re: Mother Passing No Will No Contesting heirs...

I am very sorry to hear of your loss. Administering an estate is really too technical for a lay person. You should get representation who will help you through this difficult time. Call me directly at (619) 222-3504.