Why Do I Need To Start A Probate?

The answer is because you need your deceased loved one’s signature to transfer property.

If your mom or dad died and they owned a home not in a trust, in the name “John Smith” or “Mary Smith” when they die, the only person who can sign anything for the home would be “John Smith” or “Mary Smith.”

Now that they are gone, somebody has to have the legal authority to take care of that property, especially if the children plan to sell the home. Those net proceeds will be distributed to the children as part of the probate estate.

No one can sell the property until the probate is opened and the executor or administrator is appointed by the court is given authority to act on behalf of the estate and sign legal documents.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form.  If you want a comprehensive overview of California Probate, then click here. If you have more questions about trust litigation, then you will find plenty of useful information in our Learning Center.