Q: Can I do probate on my landlord’s properties?
My landlord passed away a few years back. He has no dependents/family in the United States, he didn’t have a will or a trust. He owns multiple properties so I was wondering if I was able to start the probate process on his properties that are all paid off?
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- California
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- Answered
A:
In California, the probate process is typically initiated by someone with a legal interest in the deceased person's estate. This usually means family members or heirs. As a tenant, you generally wouldn't have the standing to initiate probate proceedings for your landlord's properties.
However, if the landlord passed away without a will or trust and has no known family or dependents in the United States, the state may eventually take steps to handle the estate. In cases where there are no apparent heirs, the state may appoint a public administrator to manage the estate, including the probate process.
If you have concerns or a particular interest in the properties, such as a desire to purchase them, it might be beneficial to consult with an attorney. They can provide advice on your options and any actions you might be able to take.
Additionally, if you are aware of any potential heirs or family members of the landlord, even if they are not in the United States, it might be important to bring this to the attention of the relevant authorities. The presence of heirs, even overseas, can significantly affect the probate process.
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