Legal Question in Wills and Trusts in California

Re: x-husband deceased, son only heir

Yes, a probate should be started immediately. The fact that there is no will is irrelevant. The son would take the property by intestate succussion. The female partner might claim an interest, based on money contributed or a written agreement, but she could also be liable for the value of rent for the time.

Have him call me if he wants to move forward with this. The address of the property would be helpful, too.

Re: x-husband deceased, son only heir

He should file probate immediately! Your son doesn't need to be in the area to do this, and the only cost now would be the county court's filing fee, around $200.00. (Attorney fees aren't paid until the end of probate and must be approved by the court). The house is at risk in a number of ways, so he needs to protect his inheritance. He can deal with the current tenant nicely and fairly in probate, but waiting longer could mean a tax sale or even an adverse possession lawsuit by the current tenant.

Regarding the assessed value, the house is probably worth much more because California's Proposition 13 means the assessor can't raise the assessed value more than 2% per year. The longer your son's father owned the house, the less the assessed value will reflect the real value.