I'm probating my mother's estate in Calif. How can we sell the property if we can't find 2 of the 5 heirs?

Question

I need to prepare the change of ownership for filing (Calif), but we are unable to find two of our brothers.  Both are mental health issues.  Is there a way to put the house solely in my name (it was my mother's wish, but she became ill before we could prepare a will and I wouldn't feel right not splitting equally) with the agreement that of the other heirs and petition the court for an order that when the house is sold the money will be split evenly and if we still have not found them, I can just write checks in their names and send them to the State of California?  We want to sell after Probate not during.  And I was thinking that the court order will protect their interests. Also, how do I petition the court to hear this matter?

James L. Arrasmith · Answer

Here are some steps you can take to handle the situation of selling the property and distributing the proceeds when two heirs cannot be located: 
 
1. File a petition with the probate court requesting to be appointed as the personal representative (executor or administrator) of your mother's estate. This will give you the legal authority to manage the estate assets, including the property. 
 
2. Once appointed, you can file a petition with the court to approve the sale of the property and the proposed distribution of the proceeds. In the petition, explain the circumstances, including the missing heirs and your proposal to divide the proceeds equally among all heirs. 
 
3. To protect the interests of the missing heirs, you can request the court to order the proceeds for the missing heirs to be deposited with the California State Controller's Office under the Unclaimed Property Law. This way, the funds will be held for them until they or their rightful heirs claim the money. 
 
4. Provide evidence of your attempts to locate the missing heirs, such as certified mail receipts, newspaper publications, or any other method used to find them. 
 
5. The court will review your petition and, if satisfied with your proposal, issue an order approving the sale and the distribution plan. 
 
To petition the court, you'll need to file the appropriate forms with the probate court in the county where your mother resided. The forms may include: 
 
- Petition for Probate (Form DE-111) 
- Order for Probate (Form DE-140) 
- Petition for Authority to Sell Property (Form DE-275) 
- Order Authorizing Sale of Property (Form DE-275) 
 
It's highly recommended to consult with a probate attorney to help you navigate this process and ensure that you follow the proper legal procedures. They can also help you draft the necessary petitions and orders tailored to your specific situation.

Q: I'm probating my mother's estate in Calif. How can we sell the property if we can't find 2 of the 5 heirs?