Legal Question in Wills and Trusts in California

If there are no potential heirs other than those that you have mentioned, the siblings are the heirs. One of them needs to open a probate and petition to be named executor of the estate. Then they, hopefully with the help and cooperation of the other two, needs to start gathering information to marshall all assets and liabilities that she died with. From there, unless there is fighting among the siblings, it is a business process. Liquidate the assets unless one of the siblings wants to buy something from the estate with their share of the estate proceeds and/or cash, pay the outstanding debts, and distribute what is left in three equal shares. All of this will have to be reported to the probate court, and major transactions may have to be approved, like sale of the house. Nolo Press has a pretty good book on how to probate an estate, and it is readily available in bookstores and from Amazon and their competitors.

In regard to someone who has died without a will, the first step is to examine how title to assets are held. If they are held in joint tenancy, then you can transfer the assets without probate by using affidavits. Likewise, if there are beneficiaries designated or payable on death clauses the asset will be transferred automatically to the person so designated. If property is held only in the name of the decedent with a value or more than $100,000 and/or if there is real property involved with a value of more than $20,000, you must initiate a probate petition.

If you have any more questions, please contact me or visit my website.

David R. Baker

(510) 724-2020

http://www.california-probate-attorney.com/

One of the most beneficial aspects of a probate petition for letters of administration or for letters testamentary (the former, in your fact pattern) is a very short statute of limitations for creditors to file their claims-four months from the date you or a sibling are appointed administrator of her estate. My condolences on your loss.