Q: My mom just passed away but she didn't leave a will. Her house isn't paid off. What happens?
What happens to her bills?
What happens in probate?
A: Unfortunately, you will have to go through the Probate Court process, which takes a minimum of one year. What this means is either a lawyer you hire or you (or perhaps another family member) needs to file a document called a Petition in the Probate Court, provide all the notices required by law, and do all the accounting and other requirements throughout the probate process. Literally every penny of your mother's assets must be accounted for, so if she had change on the top of her dresser, it must be counted. It's a bit like an IRS audit in that the details matter. Please let this be a life lesson for everyone in your family. If you live in California and have assets with a total value of $166,250 or more -- which is everyone in the state with a condo, townhome or other real estate -- then you must see an estate planning attorney to learn how to avoid forcing your family to go through the probate process. It is easily avoidable with planning! Best wishes to you.
Rod B. Tuazon and James Edward Berge agree with this answer
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