California Probate Code section 8461 provides the priority list for appointing an administrator over a decedent's estate. The list includes the following people in the following order of priority:

(a) Surviving spouse or domestic partner

(b) Children

(c) Grandchildren... View More

I'm sorry to hear about the situation. Did your sister own the home? If so, there is a good chance she created a living trust and funded the trust with the real estate and possibly other assets. This means that a trust transfer deed for the house would be recorded at the county... View More

I'm sorry to hear about the situation. Has a Petition for Probate been filed? If not, the property most likely cannot be sold since a representative of your father's estate must be appointed to sign transfer documents to the new owner. In addition, as a beneficiary, you must be given... View More

You need to file a petition for probate with the Riverside County Superior Court. Once you are appointed as administrator of your father's estate, you should be able to borrow money on behalf of the estate to pay the back taxes. You can also borrow as a beneficiary. Back taxes must be paid... View More

There is no specific pre-printed form for a waiver of accounting in California. Likewise, the San Bernardino County Superior Court does not have a local form for waiver of accounting. However, San Joaquin County Superior Court does have a local form for Waiver of Accounting. You can download the... View More

I have handled probate matters where an agreement is reached between the legal heirs to include a grandchild or close family member in the distribution in the absence of a Will. Absent an agreement, it is highly unlikely that the granddaughter will be included in the distribution if the... View More

Your sons have priority to act as administrator per the priority schedule listed in the probate code.

However, your sons can nominate you to be the administrator of your ex-husband's intestate probate estate. Typically the nominations (non-judicial council form) are attached to the... View More

Congratulations on being appointed administrator. With full IAEA authority, you can liquidate assets. You will need to send out a Notice of Proposed Action to all heirs when you accept an offer for the sale of the house. You will also need to set up an estate bank account, obtain an EIN number... View More

If you have the legal right to inherit personal property, like money in a bank account or stocks, and the estate is worth $184,500 or less, you may not have to go to court to have the property transferred to you. You may be able to use a Small Estate Affidavit to have the property transferred to... View More

If you have the legal right to inherit personal property, like money in a bank account or stocks, and the estate is worth $184,500 or less, you may not have to go to court to have the property transferred to you. You may be able to use a Small Estate Affidavit to have the property transferred to... View More

This is a tax question. Gifts of cash can trigger a gift tax and require the filing of a gift tax return according to the IRS website. One possibly end around may be for the inheritance to pass directly through to your daughter. I would consult with a tax adviser and the estate attorney regarding... View More

I'm sorry to hear about your husband passing. The affidavit is the proper document to use unless your husband had a larger estate and then a probate petition should be filed with the court. You may want to have a friendly police officer assist you with speaking with the roommate and... View More

I'm sorry to hear that your creditor claim was denied. A claim must be filed before the LATER of (a) four months after the date letters of administration were issued to the personal representative, or (b) sixty days after the date the Notice of Administration was given to the creditor. Once... View More

Once you’ve decided to take your grievance about an attorney to the State Bar, you then need to file an attorney complaint form through the State Bar of California website. Click on "Complaints and Claims" at the top of their webpage and you will be steered in the right direction.... View More

If the house was properly deeded to your mother, then the house remains in her estate. If your mother did not have a Trust or pay on death Deed, then title to the property must be cleared up through the probate process in Riverside if Riverside is where your mom resided at the time she passed. I... View More

Since the previous owner is deceased, you will need to sue the estate of the decedent for adverse possession. Hence, the first step should be to petition the probate court to appoint an administrator of the decedent's estate. Once an administrator is appointed, you can then proceed with an... View More

Any interested person can become the administrator of a probate estate if nobody objects. However, non-family members have no right to inherit probate property. Keep in mind that an affidavit to obtain probate property for an estate worth less than $184,500 does not involve the court and does not... View More

This paragraph should be included in the Petition for Final Distribution. In the alternative, you should describe your relationship with those hired by you. For instance, if family members cleaned out and hauled debris from the probate property and you paid them, then this relationship should be... View More

The transfer is accomplished via court Order, not by a Deed. So no, you cannot transfer the property to yourself. Once all procedural requirements have been met, including the preparation and filing of an Inventory and Appraisal, you or your representative will file with the court a Petition for... View More

I noticed that the Sacramento County Law Library has the updated form on its website. Feel free to email me, and I will email you the form.