Legal Question in Wills and Trusts in California
Notice of Petition to Administer Estate
My uncle died without a will, he was divorced with no children. His parents and only brother (my father) have passed as well. My sister and I are his only nieces. My question is regarding intestate succession and notification.
He has 3 Aunts probably still living (my grandmother's sisters). Do I have to notify them with the ''Notice of Petition to Administer Estate''? and... what power or right to they have to my uncle's estate? His real estate and personal property add up to approx. $130,000. We have already begun to clean up his property, hoping to find a will in all the mess. (20 years, no trash serv is what we found at his mobile home.)
Thanks so much,
Julie
4 Answers from Attorneys
Re: Notice of Petition to Administer Estate
Letters of Administration issued to the admisitrator would be the first step. You would be well served by obtaining representation. Fees are strictly limited by law. Call me directly at (619) 222-3504.
Re: Notice of Petition to Administer Estate
From your facts, the nieces (you and your sister) are the first line of succession. You would not have to notify your uncles' aunts, unless you find a will and they are listed in the will. It appears you and your sister should receive everything. Because of the amount of the estate, you may be able to avoid formal probate, depending on how thiings are titled. An attorney would be paid out of the estate to help you sort things out, so please let me know if I can be of any assistance.
Re: Notice of Petition to Administer Estate
You should give notice to all of the relatives that you know. Doing these petitions is technical and can cause problems in the hands of a novice. Attorneys that deal with this get paid out of the estate. Contact us if we can assist you with the matter and bring a little peace of mind.
Re: Notice of Petition to Administer Estate
California law requires notice only to those persons in the will (none here), and the first level of intestate heirs--this sounds like you and your sister--are there any children of your grandparents who left surviving heirs?
You should probably speak with an attorney to find out whether probate is required--depending on the titling of assets, it may not be necessary, but you should know the steps/notices/fees required before you start transferring the assets.
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