Q: My brother passed away this week in his Apartment. I want to get access to his apt. to retrieve personal items.

A: I am sorry for your loss.

Under California law, your brother's heir(s) have the right to start proceedings to recover the personal items. Your brothers heirs are his spouse and children (living or deceased), or if none, his living parents, or if none, his siblings.

If you are your brother's only heir and his estate was valued at more than $184,500, then you will likely need to file a probate petition in his home county to become appointed as his personal representative. As the personal representative, you could retrieve the personal items, but would also need to complete the entire probate administration process.

If the estate was worth less than $184,500, you may be able to collect the personal items using a "small estate affidavit." But you should consult with an attorney to determine whether you can truthfully make the sworn declaration required by that form.

A: I'm very sorry to hear about your brother's passing. I understand your need and desire to gain access to his apartment. The process involves petitioning the court for Letters of Special Administration which can give you temporary powers to access his apartment. Feel free to reach out if you would like help with this.

A: You should know that when someone dies without a will in California, their estate is handled through probate under intestate succession laws. Without a designated personal representative, you don’t automatically have the right to enter the apartment and retrieve items.

You may need to petition the probate court to be appointed as the estate’s representative or to secure the necessary authorization. The landlord will likely require proof of your legal right to access the unit, which could involve a court order.

Taking these steps will help ensure that you act in accordance with California law. You might want to consult with an attorney who can guide you through the process and clarify your rights.