Q: With CA probate laws what are the rights of the owner of the property that the decedent was living?
Can the property owner remove, sell, or claim items belonging to the decedent until a probate lawyer is assigned?
Does he have the right to ask family members to remove everything off with a deadline?
A:
Charlotte NC:
I take your question to ask "What are the rights of the estate when the decedent resided in a rental property following death?"
As a general matter, the estate stands in the place of the decedent as a tenant. This means that the estate may keep the rental and store items on the property so long as they keep paying the rent. If the estate fails to pay the rent, the landlord by "evict" the estate.
There are laws that govern what type of notice is required, and how the landlord must at as to personal property left at the residence.
As a practical matter, the Decedent's family (or the estate representative) will work out a deal with the landlord to remove the decedent's things and return possession to the landlord by a date certain in exchange for the landlord waiving any claims for rent.
Oh, and there are no assignments of "probate lawyers." I think you are referring to the appointment of an estate representative (executor or administrator.) This assumes the estate is subject to probate (the value of the estate is greater than $150,000, or if greater than that amount, the decedent did not have a trust.) The landlord does not have to wait for appointment of a representative, but you can use fact of a tenancy to request temporary powers to clear up the rental property.
I suggest you discuss this in more detail with a attorney versed in probate and landlord/tenant issues. The attorney can let you know if probate is required and suggest next steps. If you do not know where to find an attorney, you could try the bar association for the county in California where the Decedent lived. Most offer an attorney referral program, where for a small or no fee you receive a consultation with an attorney.
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