Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Dealing with initiating a probate case for my fathers estate…

Dealing with initiating a...

Dealing with initiating a probate case for my fathers estate valued at less than 70,000

Lawyer's Assistant: Estate laws vary by state. What state are you in?

California

Lawyer's Assistant: What documents or supporting evidence do you have?

I only have his official copy of the death certificate and his Will (not notarized). Thank banks are neglecting my need for his account information and I do not have his Tax Forms

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The executor of the will has neglected both the probate and the division of the estate for 5 years. She has not paid the property tax. She is squatting on the property rent free

Show More
Show Less
Ask Your Own Estate Law Question
Answered in 5 minutes by:
9/11/2017
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 47,136
Experience: Texas lawyer for 30 years in Estate law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Ask Your Own Estate Law Question

You would file a DE-111 here to probate the will and be appointed personal representative.

Forms

http://www.courts.ca.gov/documents/de111.pdf

You tube to help you

https://www.youtube.com/watch?v=B1kWyKErMUE

  1. Step 1, The Petition for Probate -- It may look simple, but looks are deceiving

    The first page of the Form DE-111 requires you to put your name and address at the top (this is where the attorney would put his or her name, or you put your own name and adress if you do not have an attorney). You then fill in the Court name and location.

    In the "Petition For" box you need to know what type of probate you are doing. The first two boxes are for probate of wills. If you don't have a will, then you will want the third box called Letters of Administration. In most cases you will also want to mark the last box and ask for independent administration authority.
  2. Boxes 1 through 3b -- Check the Correct Box

    The Petition for Probate looks simple because you just check boxes, but its easy to miss a box or two along the way so be sure to check and double check your work.

    Line 1 ask for publication information. You can check box b. that simply requires for publication to be arranged.
    Line 2 requires that you name the Petitioner again (that's you if you the one filing the form). It then asks who is asking to be appointed as Executor or Administrator, put the name at the end of line 2.b.
    Line 2.c. asks whether you want full or limited authoirity, always check full authority if you are not sure.
    Line 2.d. requires information about he bond. If the Will waives bond, then just check the first box. Otherwise fill our lines 2 or 3.
    Line 3 is self explanatory, just fill in details about the decedent's date of death and place of residence
  3. Boxes 3c through 3e -- Estimate Value of the Estate

    Line 3.c. askes about the estimated value of the estate. The exact value will be determined after probate is opened by the appointed probate appraiser. All you are doing here is making an educated guess. Put what you think is right and don't worry about how accurate it is becuase that will come later in the probate process.
    Line 3.d lists the reason why bond is not required. If you do not meet one of the requirements listed to waive bond, then bond will be required.
    Line 3.e asks if the decedent died "intestate" (that is without a Will) or if the decedent died with a Will, which then requires the specific Will information to be stated.
  4. Boxes 3f through 4 -- The Personal Representative

    Line 3.f requests information about the "Personal Representative", which is an all inclusive term that means anyone serving as executor, or administrator. An Executor is someone named in a Will, an Administrator is someone acting either without a Will or with the Will "annexed" (meaning they are administering the Will, but they were not named in the Will as Executor).
    Line 3.f(1) are the boxes if a Will is involved--check the box that applies.
    Line 3.f(2) are the boxes for intestate (no Will) estates. Check the box that applies.
    Line 3.g asks about the Personal Representative's status as a resident of California and of the U.S.
    Line 4 should be checked in all cases UNLESS the Will specifically states that the Independent Administration of Estates Act is precluded (very few Wills say this).
  5. Boxes 5 through 7 -- The Most Confusing Part

    Beging with Line 5, the Court must know who survived the Decedent. This Will determine who will receive notice of the Petition. You must check all boxes that apply.
    Line 6 is very confusing. Note that it only applies if the decedent was survived by (1) a spouse or registered domestice partner BUT NO issue (this means children, grandchildren, etc.), or (2) no spouse, no registered domestic partner, or no issue. Double check this one to be sure you have it correct.
    Line 7 only applies if no spouse and no issue survived the decedent.
  6. Boxes 8 and 9 -- The Home Stretch

    Line 8 requires that you list everyone (1) named in the Will, AND (2) named or checked in lines 2, 5, 6, and 7. You must name all people whether they are living or deceased (if they are deceased then so state). Notice that the list of names may be greater than those named in the Will as beneficiaries. All of these people MUST have notice before the Petition will be granted by the Court. Be careful not to leave anyone out as it will cause further delay in Court.
    Line 9 asks for the number of attachments, such as a copy of the Will. Notice that you only attach a COPY of the Will. The original Will must be separately lodged with the Court at the time you file, or before you file, your Petition for Probate.
  7. Other Required Forms

    There are a number of other forms that must accompany your Petition for Probate, such as:
    Notice of Petition to Administer Estate (Form DE-121)
    Duties and Liabilities of Personal Representative (Form DE-147)
    Order for Probate (Form DE-140)
    Letters (Form DE-150)
    Confidential Supplement (Form DE-147S)

I appreciate the chance to help you tonight.Thanks.

If you can positive rate 5 stars it is much appreciated.

RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 47,136
Experience: Texas lawyer for 30 years in Estate law
Verified
RayAnswers and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 months ago
thanks so much
Was this answer helpful?
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 47,136
47,136 Satisfied Customers
Experience: Texas lawyer for 30 years in Estate law

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

47,136 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Under California Estate law, are statutory probate fees
Under California Estate law, are statutory probate fees calculated from the estimated property tax value? Do they include debt? For example, a home valued for property taxes at 310K, appraised by a ce… read more
Jessica B
Jessica B
Juris Doctor
1,076 satisfied customers
Prior to a estate being settled in probate court, should a
prior to a estate being settled in probate court, should a attorney representing only 3 of 5 heirs be paid for his services prior to settlement? The other 2 heirs have their own attorney The estate is… read more
RayAnswers
RayAnswers
Attorney
47,136 satisfied customers
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE WAS NOT ANSWERING MY QUESTIONS. I SOUGHT ADVICE FROM ANOTHER ATTORNEY WHICH I HAVE DISENGAGED FROM AND NOW THE ESTATE CLAIMS HE NO LONGER REPR… read more
RayAnswers
RayAnswers
Attorney
47,136 satisfied customers
We have an estate in probate in Missouri. How does this
We have an estate in probate in Missouri. How long does this take. Every time we call they give us a different date. It hasn't all been sent to the courts yet even though all paper work is done. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
Just a question on intestate succession. An aunt with no
Just a question on intestate succession. An aunt with no spouse and no children died back in the 70's. In 2015 the Colorado Payback office distributed her considerable estate to her heirs except one c… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Brother already died intestate. No will. No nothing. How do
Brother already died intestate. No will. No nothing. How do we get an executor assigned to handle last remaining issues? … read more
Jessica B
Jessica B
Juris Doctor
1,076 satisfied customers
I have a question regarding Kentucky intestate laws
I have a question regarding Kentucky intestate laws regarding distribution of a will when one of the heirs is deceased, please: my mom and stepdad both passed away (with a will) and their estate is no… read more
Jessica B
Jessica B
Juris Doctor
1,076 satisfied customers
Aunt's Estate is going through probate in California. We
Aunt's Estate is going through probate in California. We just submitted the Petition for Final Distribution and the examiner left some Probate Notes. We cleared 2 of them... But the last one didn't. H… read more
RayAnswers
RayAnswers
Attorney
47,136 satisfied customers
To become executor or not for deceased Spouse's "Intestate"
To become executor or not for deceased Spouse's "Intestate" estate, who solely owned home. House has mortgage, tax lien, funeral cost, medical cost. As wife what protection do I have to remain in home… read more
LegalGems
LegalGems
Juris Doctorate
11,968 satisfied customers
The probate court recently named the fiduciary to an estate
Second opinion] The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first howev… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,166 satisfied customers
The probate court recently named the fiduciary to an estate
The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first however the 2nd will … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
If an individual estate is in probate and a property is sold
if an individual estate is in probate and a property is sold that he was an heir, how are the proceeds distributed?… read more
Jessica B
Jessica B
Juris Doctor
1,076 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 satisfied customers
Do we need an attny to do an intestate probate paper filing
Do we need an attny to do an intestate probate paper filing and about how much is the usual cost for this. My younger brother died recently, intestate, and has a very small estate (about $1500 in a ba… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am the executor of an estate. The house is in probate
Hello. I am the executor of an estate. The house is in probate court. The child of the decedent now want to sell the house. What rights does he have and what should I do? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,212 satisfied customers
My husband passed away intestate...has a small estate
My husband passed away intestate...has a small estate consisting of a car. I would like to sell it, should I get an estate lawyer. My husband has a few credit card bills I need to pay. CC were only in… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Woman wants to be named independent administrator & wants to
Woman wants to be named independent administrator & wants to file a consent to serve as independent administer without bond. Only problem is one brother has passed, one is in prison, & sister was name… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I need some help on a Texas probate intestate matter. Death
I need some help on a Texas probate intestate matter … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,855 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x