Q: How can I access my deceased brother's storage unit in California?
My brother passed away in California and did not leave a will. He had a storage unit, and when I contacted the facility, they asked for documentation granting me rights to access it. There is no probate process initiated, and he was the sole user of the storage unit. How can I legally gain access to his storage locker?
A: If you have the legal right to inherit personal property, like money in a bank account or stocks, and the estate is worth $184,500 or less, you may not have to go to court to have the property transferred to you. You may be able to use a Small Estate Affidavit to have the property transferred to you. You give this Affidavit to the person, company, or financial institution (such as a bank) that has the property so that they can legally transfer it to your name.
A: If you have the legal right to inherit personal property, and the estate is worth $184,500 or less, you may not have to go to court to have the property transferred to you. You may be able to use a Small Estate Affidavit to have the property transferred to you. You give this Affidavit to the person, storage company, or financial institution that has the property so that they can legally transfer it to your name.
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A:
I understand this is a difficult and emotional situation as you deal with your brother's passing. Let me help guide you through the process of accessing his storage unit in California.
Without a will, you'll need to petition the court to be appointed as the administrator of your brother's estate through the probate process. In California, if the estate is valued at more than $166,250, you must file a formal probate petition with the Superior Court in the county where your brother lived. Once appointed as administrator, you'll receive "Letters of Administration" which grant you legal authority to access and manage his assets, including the storage unit.
For estates valued under $166,250, you can use a simplified process called "Small Estate Affidavit" under California Probate Code Section 13100. You'll need to wait 40 days after your brother's death, then fill out the small estate affidavit form, have it notarized, and present it to the storage facility along with a certified copy of the death certificate. The storage facility should accept these documents as proof of your legal right to access the unit. Please note that if there are other surviving siblings or relatives, they may also have rights to the estate that need to be considered.
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