Legal Question in Wills and Trusts in California
Question on Intestate Succession
My Uncle passed away, the coroner got ahold of my sister and I to take care of his estate. We could not find a will.
He had no spouse or children, mother and father have passed away, but he does have a couple of aunts still living (maybe). My question is of authority you might say.
Being that I am his niece, am I higher up on the authority chain than his aunts, or are they above me? I looked at the explaination, but still am not quite sure. Can I start probate on my own and request to be Administer or do I have to try and find these Aunt's first? Also... any surviving cousins, how do they fit into the picture?
Thanks so much,
Julie
4 Answers from Attorneys
Re: Question on Intestate Succession
As a niece you are in a position to begin probate. Call me directly at (619) 222-3504.
Re: Question on Intestate Succession
You are higher up on intestate succession than your aunts. If your uncle had no wife or kids, then next in line are his parents or his parents' issue. So his brothers or sisters would be next and then you and your cousins. You can petition the court to be the administrator. You will have to notify the other heirs of the petition.
Let me know if you need any help in this matter.
Re: Question on Intestate Succession
You have a higher priority as executor/heir than your uncle's aunts, so see or call a probate attorney about whether probate is needed and how to start.
Re: Question on Intestate Succession
It sounds like you had a closer personal relationship, you should go ahead and file the probate petition. If the aunt wants to be adminstrator, she can appear and object to your appointment. If we can be of assistance, please don't hesitate to call at (310) 787-7577.
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