If my mother died last month, what is the best way to obtain legal control over her property?

UPDATED: Aug 29, 2015

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If my mother died last month, what is the best way to obtain legal control over her property?

I am 25 years old. She did not have a Will nor anything other official transfer of property, etc. There is no estate only small items. She committed suicide and left a vague list of instructions.

Asked on August 29, 2015 under Estate Planning, California


M.H., Member, California Bar / M.H., Member, California Bar

Answered 7 years ago | Contributor

If your mother's probate estate tangible and real property  is less than $150,000, then you can use Cal. Probate Code Section 13100 affidavit to collect and transfer the property to you.  However, you should have an attorney look at your mother's "vague list of instructions" since this document may be deemed a valid holographic will under California law.  If the instructions are not deemed a valid will, then the aforementioned 13100 affidavit is prudent. 

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