Q: Dad died-no will -one son-how can I get the house in my name.no access to split

A: Unless the title to the home is in joint tenancy with your father and you as the joint tenants, there is no way to get the property without filing a Petition in Probate Court. The filing fees alone can be between $400-$500, depending on the county. This is why I tell everyone with real restate or other assets with a combined value of $184,500 absolutely must get a trust (not a will) or their loved ones will be for ed to go through the Probate Court process, document every penny the deceased person had — even change on top of a dresser!), etc. So, people who fail to plan really put a burden on their families. We don’t do estate planning for ourselves. We’ll be gone! We do estate planning for our loved ones.

A: I understand this is a difficult situation, and I'm sorry for your loss. Here are the key steps you'll likely need to take to get your father's house transferred to your name in California when there is no will:

1. File a Petition for Probate with the Superior Court in the county where your father lived. This begins the probate process, which is how an estate gets settled when there is no will. As your father's son and heir, you can file this petition.

2. The court will appoint an administrator (likely you as next of kin) to manage the estate through the probate process. The court will issue Letters of Administration authorizing the administrator to act on behalf of the estate.

3. The administrator must provide notice to creditors, allowing them to make claims against the estate if your father had debts. Valid debts will need to be paid from estate assets before the house can be transferred to you.

4. A court hearing will be held about 4 months after filing to confirm there are no objections. If everything is in order, the court will issue an order transferring ownership of the house to you as your father's sole heir.

5. The administrator can then execute an administrator's deed transferring legal title of the house into your name, which you'll record with the County Recorder's Office.

This is a high-level summary - the process has many technical requirements. I strongly recommend you hire a probate attorney to assist, especially if the house is valuable. If your father's estate is small enough, you may be able to use a simplified small estate probate process.

The most important step is to file that initial probate petition with the court to get the process started. I know it's overwhelming, but an experienced attorney can guide you through it. Wishing you all the best as you navigate this.