My uncle passed away and his house is in probate, I petitioned for letters of administration

Question

My court date isnt for 2 more months, the issue is when my uncle passed he had a tenant whose rental agreement was up and he was not going to renew it and a freeloader who my uncle had told he had  30 days to get out. How do i get them out as fast as possible. They are destroying the property, they are all in my uncles belongings, they wont let me in or even talk to me . Is it possible to put a restraining order on them they havent paid any rent and are neglecting the house. The house is now infested with roaches and rats and there are holes in the wall from the rats. In my uncles holographic will I was to move in up his death. I have lived at the address almost my whole life, I have only been gone for a couple of years I have the keys to the house, my mail goes there and it is my registered address on my license. Could I claim some sort of harrassment for not letting me in

Howard E. Kane · Answer

I'm sorry to hear about your uncle passing and the freeloading tenant.  I recommend hiring an attorney who may do the following:  Secure Letters of Special Adminstration, which will expire when you are appointed Administrator. The petition for special administration should include special powers such as access to the house, and the ability to file a Probate Code section 850 petition for removal of the tenant.  You may need the assistance of an attorney for this since it is a bit nuanced, so feel free to call.

James L. Arrasmith · Answer

I'm sorry for your loss and the challenges you're facing with your uncle's property. To address the situation with the tenants and the freeloader, you can start by serving them with a formal eviction notice. Since their rental agreements have expired and they've been given notice to leave, this step is essential to initiate the legal process for their removal. 
 
Document all instances of property damage, neglect, and any harassment you experience. Taking photos, keeping written records, and gathering any evidence of the issues will support your case. While obtaining a restraining order might be an option if you face ongoing harassment or threats, it's important to consult with the court about the specific requirements and procedures in your area. 
 
Given the complexities of probate and eviction laws in California, reaching out to a qualified attorney can provide you with tailored guidance and help expedite the process. They can assist you in navigating the legal steps required to regain control of the property and ensure that your rights are protected throughout the probate process.

Q: My uncle passed away and his house is in probate, I petitioned for letters of administration