Fontana, CA asked in Probate for California

Q: How many Death certificates does a probate Attorney need.

Can the residents still live in the house while in probate. And how much time do they have to move out & can my probate Attorney file papers to have them vacate

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1 Lawyer Answer
David L. Crockett
David L. Crockett
  • Probate Lawyer
  • Newport Beach, CA
  • Licensed in California

A: The rights to house residents to live in the house depends upon what their legal status is. If they are tenants under a written lease then they can stay as long as the lease allows as long as they pay the rent and other stuff required by the lease.

If they are relatives or friends of the deceased then they are legally "tenants at will" which means that they can be asked to move. The probate attorney would have to give them a legal notice to vacate which may be as long as 30 days, depending upon the circumstances. If they don't move out after being given the notice to vacate, the Probate attorney or any attorney retained by the estate administrator should then file an eviction lawsuit to have them removed. That could take as long as another month by the time the eviction case is done and the sheriff coming out to lock them out.

A probate attorney generally will ask for 6 original death certificates to have plenty to use for various things which may come up.

I hope this helps. David L. Crockett, Attorney/CPA/broker AV preeminent rating with Martindale Hubble

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