My sister pass last week.

She’s never been married, no kids have siblings, and she has property. I need help.

Asked on March 18, 2018 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your loss.  Did she have a Will or did she pass without one ("intestate")?  If she had a Will and a named Executor, that person should prepare a Probate Petition to submit the Will to the Probate Court in the county in which she resided at the time of her death.  If she had no Will then the intestacy statute is what determines how her estate passes down and one of you needs to ask to be appointed Personal Representative (PR) If it is just you and your siblings you will inherit her estate.  As PR one would marshall (gather) assets and decide how the property will be handled (does one of you want to buy it from the others?).  You need a date of death value for the house for Probte but you can all agree on a buy out price.  I hope this helps.  Good luck.

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