How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 32818
Experience:  12+ yrs. of experience including estate law.
Type Your Estate Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

I have a friend who's sisters past. Left no will or

Customer Question

I have a friend who's sisters past. Left no will or instructions. Total estate value is very low. Less than 90K.... My friend would like just to sell offer her remaining personal property and her mobile home..... Do we need a probate lawyer? Or can she just sell her property?
Submitted: 6 months ago.
Category: Estate Law
Expert:  P. Simmons replied 6 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Your friend will need to use the probate court for this...but there is a simplified process that is available to make this easy.

Under CA law, if the estate is worth less than $150K, they can use a "small estate affidavit" to obtain the power to administer the estate.

With no will, CA law dictates "who gets what". If there is no spouse, the estate goes to the children. If no children? Then the estate will pass to the siblings.

To start the process, have your friend head to the county court (the county where her sister lived). Bring a copy of the death certificate.

Talk to the clerk of the probate court. They can provide the affidavit. She signs the affidavit, and she can use this (after the court stamps it) to administer the estate

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Related Estate Law Questions