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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 34753
Experience:  12+ yrs. of experience including estate law.
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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: 1 year ago.
Category: Estate Law
Expert:  P. Simmons replied 1 year 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.