I believe you are entitled as his legal guardian to take possession. Are you using this form or similar? Under #8, the second box should be checked off. It actually says "The affiant is authorized under Section 13051 of the California Probate Code to act on behalf of the successor of the decent (your son).... Now look at Probate Code Section 13051:
"13051. For the purposes of this part: (a) The guardian or conservator of the estate of a person entitled to any of the decedent's property may act on behalf of the person without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending. (b) The trustee of a trust may act on behalf of the trust. In the case of a trust that is subject to continuing jurisdiction of the court pursuant to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9, the trustee may act on behalf of the trust without the need to obtain approval of the court. (c) If the decedent's will authorizes a custodian under the Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act of any state to receive a devise to a beneficiary, the custodian may act on behalf of the beneficiary until such time as the custodianship terminates. (d) A sister state personal representative may act on behalf of the beneficiaries as provided in Chapter 3 (commencing with Section 12570) of Part 13 of Division 7. (e) The attorney in fact authorized under a durable power of attorney may act on behalf of the beneficiary giving the power of attorney."
Probate Code Section 13006 states:
13006. "Successor of the decedent" means:
" (a) If the decedent died leaving a will, the sole beneficiary or
all of the beneficiaries who succeeded to a particular item of
property of the decedent under the decedent's will. For the purposes
of this part, a trust is a beneficiary under the decedent's will if
the trust succeeds to the particular item of property under the
(b) If the decedent died without a will, the sole person or all of
the persons who succeeded to the particular item of property of the
decedent under Sections 6401 and 6402 or, if the law of a sister
state or foreign nation governs succession to the particular item of
property, under the law of the sister state or foreign nation."While I feel like this grants you authority to act on behalf of your son without the need to go to court, I do not want to mislead you.I will opt out and put the question back up for other experts. Perhaps there is an expert on California probate who will see the question and can give you a definitive answer.Please don't reply back to me, as the site will automatically send the question back to me to answer, delaying other experts from seeing the question. You'll be notified when you receive a reply. My apologies for not being a bigger help. I am sure someone will be with your shortly.