Q: Seeking legal representative status just to file a petition with vaccine court? Can't afford probate lawyer. No asset

A: There is no "simplified probate procedure" to appoint a personal representative, but if all you need is legal authority to file the claim you should be able to find an attorney to help you. (Filing a claim in Vaccine Court is akin to filing a lawsuit and different from merely claiming assets.) Some things you should know.

1) Fee waivers apply to probate court. If the court grants a fee waiver, which are mandatory if the petitioner (daughter) receives certain government assistance such as SSI, Medi-Cal, Food Stamps, etc. Google search "California Judicial Council Form FW-001 and FW-001-INFO. (Keep in mind, you may need to repay the court or the waived filing fees if you recover any money.)

2) Fee waivers do not cover everything. Fee waivers do not cover everything, in an uncontested Probate proceeding the non-covered items are generally limited to the publication fee ($100 - $300, depending on location) and the cost of the Probate Referee. Good news is that an attorney may very well advance the publication fee and you will not need a Probate Referee as there are currently no assets. Bond is another one that is not covered. (More on that below.)

3) You can expedite the procedure for appointment. If you are worried that you will not be appointed before the statute of limitations expires, you should know that you can expedite the process. Where urgency exists, say an expiration of a statute of limitations on a claim, you can ask the court to appoint you as "Special Administrator" pending hearing on the petition for probate. Special administrators are granted limited powers to do particular tasks, like file a lawsuit or manage a rental property. This does require a specialized appearance, called an "ex parte." The rules about how ex partes are handled vary from court to court, so it is a good idea for an attorney to assist you.

4) The court may waive, or allow a very low, bond. Personal representatives are required to post a bond unless all the heirs waive bond or the will waives bond. The bond is set as a percentage of estate assets. But, as this is a zero asset estate, you can ask the court to waive bond or set a very small bond (like $10,000 which has a yearly premium of about $100.) You may also be able to avoid bond by using a blocked account (that cannot be accessed except by court order.)

5) The Probate Attorney does not get paid till the end of the probate. Probate attorneys who represent the Administrator (which is generally called a "personal representative") are paid for ordinary services based on a sliding percentage scale of the estate's value. And, we don't get paid until the court approves our compensation request.

5) If you are concerned about the amount the attorney gets paid, remember that the Probate attorney does more than just file for Letters (the document that gives the Personal Representative the power to act.) There is a lot that Probate attorneys do behind the scenes and we help the Personal Representatives avoid mistakes.

I recommend that you contact an attorney to help you through the process, as Probate, particularly when dealing with ancillary litigation not in a California State court, can be tricky. If you don't know where to find an attorney, you should contact your local County Bar Association (or in the County where the Decedent lived, as the venue, or the location of the court to hear the case, is generally set in the county of the Decedent's residence.) Most Local County Bar Associations offer an attorney referral service that offer a consultation with an attorney for a low or nominal fee. (In my county it is $35). Also, some offer a moderate means program that provides further assistance for those with limited income.

Best of luck.