How can I help a woman obtain letters of administration for her father's estate?

Full question:

I am attempting to assist a woman who received a quit claim deed from her father before he died for the home he owned. Since then she has applied for a modification on the loan but Wells Fargo will not proceed until she has letters of administration. I have obtained the forms from Martinez Superior court as she does not have funds to hire an attorney. The forms seem daunting and I need guidance in filling them out for her. The sale date on her house is scheduled for September 30th and the previous application for modification has expired so we have to start again. I have all the documents to submit except for the letter appointing her administrator. Her Dad left no will and I plan on going to the ex parte appearance early next week to talk to a judge about this. Can you help me? Thanks.

Answer:

If there is no valid will, the decedent's assets will be distributed according to state intestacy laws. If the decedent had a survivorship account or a transfer on death account, those assets pass outside the probate process and are not included in the estate. However, if the account was held as tenants in common, the deceased owner's share may pass to heirs.

When a person dies, their assets typically go through probate. If there is a valid will, an executor is named to manage the estate. If there is no will, the court appoints an administrator to distribute the assets according to state intestacy laws. The court issues letters of administration to the administrator, granting them the authority to handle the deceased's affairs. In some cases, an heirship affidavit can be used for small estates instead of letters of administration.

In California, if the value of the decedent's estate does not exceed one hundred thousand dollars, small estate procedures may apply, allowing for easier asset collection and distribution. An heirship affidavit may substitute for letters of administration in these cases. Importantly, an attorney is not required for this process.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Anyone with a legal interest in the property can contest a quit claim deed. This includes heirs, co-owners, or creditors who may believe the deed was executed under duress, fraud, or without proper authority. Contesting a deed typically involves filing a lawsuit in court to challenge its validity.