How to Claim Inherited Property in California Without a Will

Question from Sam, How to Claim Inherited Property in California Without a Will

Answer from AI:

When someone dies without a will in California, their property is distributed according to the state’s intestacy laws. If both parents have passed away without leaving a will, and there are surviving children, those children are typically the heirs to the estate, including any real estate like a single-family house. Here’s a general guide on steps that might be taken to claim such a property.

Understanding Intestate Succession

Intestate succession laws in California dictate how property is distributed when someone dies without a will. According to these laws, if the deceased is survived by their children, the children inherit everything. This means that the two surviving daughters are likely the legal heirs to their parents’ house.

Steps to Claim the Property

1. File a Petition for Probate: The first step is to open a probate case in the county where the property is located. This involves filing a Petition for Probate, which asks the court to recognize the heirs and distribute the property accordingly.
2. Notice of Petition to Administer Estate: After filing the petition, you must notify all potential heirs and claimants about the probate case. This is a legal requirement to ensure all interested parties are aware and have a chance to respond.
3. Inventory and Appraisal: The court will appoint a probate referee to appraise the property. You’ll need to provide a complete inventory of the deceased’s assets, including the house.
4. Pay the Estate’s Debts: Before distributing the property, any outstanding debts and taxes of the estate must be paid. This might involve selling assets if the estate doesn’t have enough liquid assets to cover debts.
5. Distribution of Assets: Once debts are settled, the remaining assets can be distributed to the heirs. In this case, the two daughters would receive the property according to intestate succession laws.

Special Considerations

• If the value of the estate is below a certain threshold ($166,250 as of 2023), the heirs may be able to use a simpler process called Small Estate Affidavit to claim the property without going through formal probate.
• Disputes among heirs or claims against the estate can complicate the process, potentially requiring legal representation.

When to Seek Legal Advice

Navigating the probate process can be complex, especially when real estate is involved. It’s often advisable to consult with a probate attorney who can provide guidance tailored to your specific situation. An attorney can help ensure that all legal requirements are met, potentially avoiding costly mistakes.

For more detailed information on the probate process in California, you can visit the California Courts official website.

Remember, this information is a general guide and not a substitute for professional legal advice. Each situation is unique, and laws and procedures can change. Consulting with a legal professional can help you navigate the specific requirements and ensure that your rights and interests are fully protected.