Estate Law Questions? Ask an Estate Lawyer.
Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction! I am very sorry to hear of your loss. A quitclaim will not work, as that requires your husband's signature - since he has passed, unless he signed one while he was still living, this would not be an option. Can I get the value of the house?
Approximately around 110,000 dollars.
You will be able to file a petition - I am linking you to the relevant codes. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=13001-14000&file=13650-13660. These address situations where the only heir is the surviving spouse, and they need to get the property transferred into their name but doesn't want to deal with the headache/expense of full out probate. Here is the actual petition you will need to file: http://www.courts.ca.gov/documents/de221.pdf It needs to be filed in the county in which you and your husband resided right prior to his death. (It sounds like it's the same county you live in now).
Yes, so I will need to file the document and then wait for them to make a decision?
Yes, they will review the form, and then will issue an order that per the will the property belongs to the surviving spouse. Since there are no other heirs, and the will leaves the property to you, generally the court will grant it, particularly if no one objects.
Thank you for you advice and help. You have been able to answer everyone of the questions that I have needed answered. I did not think it should take a long process in probate court for someone in my situation. I really appreciate your time in sending the right forms for me also.
You are welcome. If you go to your court house, they will be able to assist you - all court houses have a "facilitator" - so don't spend too much time trying to figure everything out on your own.
Do I just rate, save & exit. Sorry. LOL
Here's the Order the judge will complete http://www.courts.ca.gov/documents/de226.pdf
Yes, if you rate that would be great. And then you can save it so you can come back here to view the forms.
I am really happy with your service.
Oh, Thank you so much! I enjoy working on this site- we get to help alot of people - attorneys charge so much nowadays that it really goes against the idea of "justice for all". So thank you!