Q: My mom passed away recently and there was no will and no estate. She bought me a car 4 yes ago that she still owed $7000
They repossessed it and in order for me to get it back I must show I have legal right to handle her estate. How do I get that? Time is of the essence here.
A: If she had property valued at more than $150,000, then a probate action would be required. If her estate was less than $150,000 and she passed away more than 40 days ago, then you may be able to use the small estate affidavit procedure.
A:
If a probate action is not required because your mother's estate was only personal property worth less than $150,000, then you can use the small estate affidavit procedure to get the car back. Get more information from the court here: http://www.courts.ca.gov/10440.htm
You will want to transfer the car into your name with the DMV: https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/pubs/brochures/howto/htvr2
However, if a probate action is required, you will have to file a petition for probate and request to be appointed the administrator of the estate. This takes more time and money than a small estate affidavit.
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