Las Vegas, NV asked in Probate for California

Q: How do I petition the court to start the probate process for my deceased mother? She had no will.

My sibling was supposed to handle the probate as she died intestate, but nothing has been done and she passed 18 months ago. Is there a way I can search to see if anything has been filed with the courts? Can I request an accounting of her assets and probate progress? My sibling is not forthcoming with any information and we just want to get probate completed so we can all move on. Is there a timeframe that should be followed to start and then complete the probate process? An attorney that I consulted said that my mother's assets are being wasted by delaying the process. Shouldn't her death have frozen her bank accounts, mortgage, and vehicle lease payments? My sibling says they are still paying on the vehicle lease, but shouldn't the car be returned to the leasing company? Until recently, my sibling was still making mortgage payments on my mom's home. Shouldn't these have ceased? Shouldn't her bank accounts have been frozen until distribution was determined by probate? Direct us plea

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1 Lawyer Answer
Patricia Ann Simmons
Patricia Ann Simmons
Answered
  • Probate Lawyer
  • Vallejo, CA
  • Licensed in California

A: You should immediately contact a probate attorney to assist you. If your mother did not have a will, you and/or any one of your other siblings could have started the process. Someone should have notified the bank shortly after your mother passed so that the account could be frozen until someone had been appointed the administrator. If no one is making the mortgage payments, the home could be at risk for foreclosure. In addition, the leased car should be returned if none of the siblings can assume the lease.

Yes, you can request an accounting of the funds from the date of your mother's death until the time an Administrator is appointed.

Call a probate attorney as soon as possible to preserve the estate's assets.

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