Legal Question in Wills and Trusts in California

Re: Siblings trying to get fathers land - no will-now what

unless the total value of the estate does not exceed $100,000, probate is necessary. even then, real property is treated differently. if the gross value of the real property does not exceed $20,000 a streamlined procedure may be available. otherwise, some form of limited or full probate is necessary.

SEE:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=13001-14000&file=13050-13054

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=13001-14000&file=13100-13116

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=13001-14000&file=13150-13158

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=13001-14000&file=13200-13210

Re: Siblings trying to get fathers land - no will-now what

Unless the real property is valued at less than $20,000, you will need to go through probate court.

Re: Siblings trying to get fathers land - no will-now what

I am sorry to hear about your father's passing.

To change ownership of real property when there is no will or living trust and the property is worth more than $20,000, you will need to initiate probate proceedings. Attorney fees for probate are based on the value of the estate (the real property in this case) and are payable after probate closes. No attorney fees are due up front as they must be court approved and paid from the estate. In this case, it will be from the sale of the property -- after the sale, the attorney fees are paid and the heirs receive their portion. There may be some costs involved to be paid up front and those are usually minimal -- filing fees, postage, etc.

I would suggest that you contact a probate attorney in the county where your father passed away. It will be easiest for that attorney to make appearances in court and handle your father's estate.

I hope this helps.

Re: Siblings trying to get fathers land - no will-now what

The estate must be probated. It is not a process easily learned. Attorney's fees are strictly limited by law to a minimal % of the estate. Losing your share of the land will cost much more. Apply for executorship. Call me directly at (619) 222-3504.