Lynwood, CA asked in Probate for California

Q: My wifes dad has died, and he left no will. She is his only duaghter. What does she need to do for probate on a house?

Does she need letter from all family members? On house full of tos ect need to be evaluated and how to go about doing that?

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1 Lawyer Answer
Priscilla Ann Madrid
Priscilla Ann Madrid
  • Probate Lawyer
  • Anaheim Hills, CA
  • Licensed in California

A: You will first need to determine how the real property is titled. If titled in joint tenancy then the other joint tenant takes the property upon filing a notice of death of joint tenant. If titled any other way a probate needs to be opened. If there is a mortgage on the property she will need to keep those payments current to avoid a trustee's sale. If there is a co-owner she needs to file her own creditors claim against the estate for reimbursement of payments in excess of her share of the estate. If she is the sole beneficiary and just wants it sold she will be able to put it up for sale but the important issue is keep mortgage payments current do there is no default and a resulting trustee sale. If the home is paid off, keep the taxes current so their is no lien.

Bill Sweeney agrees with this answer

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