Legal Question in Wills and Trusts in California

Small estate, no will

Found out my estranged, unmarried father died recently with no will. I live out of state and I am the sole, legal next of kin and one of the beneficiaries on a small life insurance policy. He owned no real estate, was leasing a 2006 car, had little credit card debt. Do I have to take responsibility for settling his affairs - take on legal administrator duties? And if no one does, what happens?


Asked on 3/14/07, 7:58 pm

2 Answers from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Small estate, no will

I know of no requirement that you step forward and do anything. What happens if you don't? That's really hard to say. You haven't given me enough info to do anything but speculate.

For example, the local health authorities would I suppose take care of disposing of the body. The landlord, if he had one, would clean out the apartment. Or the mortgage company might at least secure the house. The leasing company would tow away the vehicle if they can find it. And so on.

This is no substitute for a face to face meeting with a layer, and you would be well advised to have one.

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Answered on 3/15/07, 11:55 am
Michael Ritter Law Office of Michael H. Ritter

Re: Small estate, no will

If your father's estate is in California and less than $100,000 there are simple procedures for administering his estate.

Call or email me for assistance.

Mike Ritter

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Answered on 3/15/07, 12:04 pm


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