Legal Question in Wills and Trusts in California

Re: Rules and deadlines on Probate

Is there a signed original will? If it's in her own handwriting, it does not need witnesses. If it's not in her handwriting, it does need two witnesses.

With or without a will, the property can't be transferred without a probate, if the house is held in your mother's name. Has he filed yet? In probate, the house will be appraised by a court-appointed referee, and the sale will be overseen by the court, so don't agree to anything yet.

If it turns out the will is not valid, you can file probate yourself and ask to be appointed administrator of the estate. And, even if the will is valid but your brother doesn't file probate, you may do so.

Re: Rules and deadlines on Probate

There's going to have to be a probate. You can object to your brother being the executor. You can pay to have the house appraised or as a minimum get a realtor to get you comps.

Re: Rules and deadlines on Probate

an unsigned will is not valid. you need to get a lawyer and file a probate and get yourself named executor. if he wants to buy you out that is fine but you must go through probate.

Re: Rules and deadlines on Probate

This estate has to go to probate because there is a will. When the probate opens the executor will have to get court approval of the sale of the house. A court appraiser will appraise it. You will be entitled to half. If your brother does not open a probate you need to do so. Check around. There are tons of attorneys who would like to probate this for you for a piece of the action.

Re: Rules and deadlines on Probate

If the will is unsigned, there is no will. The estate will need to go through probate, and the property will go through intestate succession. In any case, your brother does not determine the value of the house, an appraiser will.