Probate Process For Inheritance

Summary

If your mother passed away without a will in California, you may need to go through probate to transfer the house to your name. File a petition for probate, notify creditors and heirs, inventory the estate, pay debts and taxes, and distribute remaining assets. If a will exists, locate and file it with the probate court for validation. The court checks if the will is signed and witnessed, confirming its authenticity. Ensure the will meets Californias legal requirements: written, signed by the testator, and witnessed by two individuals.

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What if she did leave a will
If your mother did leave a will, you would need to follow these steps:
- Locate the will.
- File the will with the local probate court.
- The court will validate the will.
- The executor named in the will takes over, handling debts and distributing assets as specified in the will.
Do you know if the will has been located and filed with the probate court?
How does the court validate the will?
The court validates a will through a process called probate. Here’s how it generally works:
- The will is submitted to the probate court.
- The court checks if the will meets legal requirements (signed, witnessed).
- The court confirms the will is genuine and the decedent was of sound mind.
Do you need more details on the legal requirements for the will in California?
Yes
In California, a will must meet these requirements to be valid:
- Must be in writing.
- Signed by the testator (your mother).
- Witnessed by at least two individuals who were present at the same time.
Do you have access to the will and witnesses who can confirm its validity?