In calif father dies, No will, no spouse 2 adult children what is the process

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In calif father dies, No will, no spouse 2 adult children what is the process

Only relatives are 2 adult children, what should they do? Is there a website explaining the process

Asked on May 29, 2009 under Estate Planning, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you die without a will, the estate passes through to the heirs by something known as "intestate succession".  If the decedent died intestate, the court will appoint an Administrator of the estate. The Administrator is usually a person (typically a relative of the decedent) or entity (such as a bank or trust company) nominated by the decedent's next-of-kin.

To become an Administrator you must file the "Petition to Probate Decedent's Estate" which includes certain information about the decedent, such as a rough estimate of the value of the decedent's estate and nature of the decedent's assets, names and addresses of all persons named in the decedent's will, and names and addresses of persons who would inherit from the estate under intestate succession.

In the petition, the petitioner is either asking the court to name the petitioner as personal representative of the estate, or is nominating someone else to act as personal representative. The personal representative is the person who is responsible for overseeing the administration of the decedent's estate throughout the probate process.

Here's a link to get you started: http://www.scselfservice.org/probate/prop/HowtoFileaPetitionforProbate3.htm

Under the California Probate Code, the Petition for Probate is to be heard by the court not less than 30 days nor more than 45 days from the date the petition is filed. However, in many counties the courts are backlogged with probate cases, and it is not unusual in some counties for the hearing to be set 60 days or more from the date of filing.  

Heres a link instructing how to proceed from there: http://www.scselfservice.org/probate/prop/FrequentlyAskedQuestions2.htm

Also, California has "simplified procedures" for transferring property when the estate is worth under a certain amount (from $20,000 to $100,000 depending on the circumstances and the kind of property). 

Here's a link that will explain further :http://www.scselfservice.org/probate/prop/substitutes.htm

Here's the form: http://www.courtinfo.ca.gov/forms/fillable/de315.pdf

Hope this helps.  Best of luck.


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