Burbank, CA asked in Estate Planning, Real Estate Law and Probate for California

Q: My mom died without a will. I'm a only child have to go through probate for her house.Does my wife have rights to it.

2 Lawyer Answers
Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
Answered
  • Estate Planning Lawyer
  • Carlsbad, CA
  • Licensed in California

A: Yes, you need a Probate process (unless your mother used a special deed to pass you the house upon her death).

Dying without a Will is called dying intestate.

If you are the only child, and there is no husband, then you will inherit everything, but you need an order from the court giving you permission to take possession.

Go get a How To book and do it yourself, or you can hire an attorney but it can get pricey depending on how big the estate is.

Nina Whitehurst and James Edward Berge agree with this answer

Bill Sweeney
Bill Sweeney
PREMIUM
Answered
  • Probate Lawyer
  • San Juan Capistrano, CA
  • Licensed in California

A: You might refer to: https://www.sweeneyprobatelaw.com/Articles/WHAT-HAPPENS-IF-A-PERSON-DIES-WITHOUT-A-WILL.shtml

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