Legal Question in Wills and Trusts in California

I assume the children are his. They would be his heirs, and they would be entitled to his estate if he left no will. A probate should be open for them by a guardian ad litem (their mother?), and appointment of someone as the administrator who will look out for their financial interests and inheritance rights.

Mr. Cohen is correct IF the children are legally the decedent's, meaning either the parents signed and filed declarations of paternity for all of them, or a paternity action was completed for each of them establishing the decedent as the father. If parentage has not be legally established, that needs to be done IMMEDIATELY. It can proceed concurrently with the probate, but as you can imagine, an unmarried woman claiming children by a dead man after finding out he has assets that were not known before is going to be looked at very carefully.

If the children are his and he died intestate, i.e. without a will, they would be his legal heirs and entitled to any property that must pass through probate. Depending on how the assets were actually titled, however, they might not have to pass through probate and may pass to others, such as his parents.

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