Legal Question in Wills and Trusts in California

Re: probate

If the assets involved are worth more than $100,000, a probate is likely required. If not, the transfers can be accomplished through affidavits (See probate code section 13100). The power of attorney is valid only while they're alive, unfortunately, so you'd have to file a petition for probate for your father, and a separate spousal property petition may be required for your mother. If you have the written consent from your sisters to be administrator, this would be attached to the petitions--if you don't have it, it's a simple matter to prepare and have them sign.

Re: probate

You may need to go through probate depending upon the value of all of their assets and/or whether they owned real property and the equity in that real property.

You should really find an attorney in the area in which they resided upon their death and consult with them.

I would be happy to discuss the matter with you if you like.

Caleb

Re: probate

It depends upon the size of the estate. Sometimes an estate can be settled with procedures less expensive and time consuming than a probate. Generally, if there was a home in the estate, or other items of value greater than $100,000, there may need to be a probate. If so, you would file a petition to request the court that you be appointed as personal representative of the estate. Our office appears to be very close to you. If you would like to discuss this further, I'd be happy to give you a free consultation; just email me at the email address listed below. Otherwise, good luck to you.

Re: probate

Petition to open probate. Probate is not a particularly easy area of practice for the pro per. What is needed for an order of final distribution are pleadings and motions, filing of taxes, and, paying what needs to be paid. You would do well to have an attorney represent you as executor. Fees are strictly limited by law. Contact me directly for assitance.