Visalia, CA asked in Probate for California

Q: If my brother and I give me, the administrator, permission, can I use an affidavit to transfer real property?

I began regular probate without a lawyer in the middle of the covid lockdowns. The 2 free consultations over the telephone went badly as one was interested only if I was selling my parent's house. My daughter and I have lived in the house since 2008 as I was the primary caregiver for both my parents. Mom passed in 2015 and dad passed away in 2020. The other wanted a $5000 retainer, which is more cash than the estate or I had. The home is paid off and dad left no debt. I've paid all the medical bills and continue paying property taxes and homeowner's insurance with no help from my brother.

I learned that an affidavit can be used if no other heirs want any property or money from the estate. My brother wants nothing to do with our parent's property or money. I've begun probate but read that with letters from the heirs, the administrator can use an affidavit to transfer real property.

If my brother and I give me, the administrator, permission, can I use the affidavit?

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1 Lawyer Answer
Howard E. Kane
PREMIUM
Howard E. Kane
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: I'm sorry that your consultations went badly. Most California real estate needs to pass through the probate process and the affidavit process cannot be used unless the real estate is of very low value. Attorneys do need to get paid for their work through the process. There are creative ways to secure cash to pay the attorney and debts that may be owed by the estate.

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