Q: Morher died there is no spouse, but 5adult children, but no will, how will probate go?
House is paid off property taxes up to date as well. And so is homeowner insurance
A:
Dear Oakland, CA:
I think you are asking how the estate will be divided.
If there is no will or trust, then the estate is distributed under the laws of intestacy. Under intestacy, the estate is divided into as many shares as their are living children of the Decedent and pre-dedceased children who leave a living issue. (An issue is any linear decedent.) The share of the pre-deceased child is then divided among the living issues of the next generation, with the issues of any pre-deceased grandchildren taking their parents share in a similar fashion.
For example, lets say I die and leave one living child (Child A) and have two children that died before me. One pre-deceased child (Child B) had one kid and the other (Child C) had two kids. My estate would be divided into 3 shares. Child A would take 1/3 of the estate, my grandchild from Child B takes 1/3 of the estate, and my two grandchildren from Child C split the final 1/3 share.
Of course, it is not always that simple and speaking with a probate attorney is recommended. Probate is a particularly complicated procedure and very fact dependent. At the very least, a mistake can delay distribution and at worse end up with a surcharge (fine) against the representative. If you do not know where to find an attorney, you may try your local county bar association. My California county bar associations provide a lawyer referral service which, for no or a small fee, provides you with a thirty minute or an hour consultation.
Gerald Barry Dorfman agrees with this answer
A: One of the children will have to initiate a probate petition to administer the mother's estate. Most likely, the house will be sold and then the creditors will be paid. Lastly, the five children will equally divide the remaining proceeds. Contact an attorney in your area for a full consultation.
A: With no will, someone (probably one of the children) needs to petition the court for probate. It will not happen by itself. An "Administrator" will be appointed (could be one of the children if they want), who will gather all the estate assets, pay any debts (including any taxes), and then ask the court to allow distribution. The house could be sold during probate, or it could be left in shares to the heirs.
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