Summary
When someone passes away without a will in california, intestate succession laws apply. As the sole heir, you may be entitled to the estate. Probate must be initiated to distribute assets, including property and accounts. If accounts were emptied, the court can investigate. Required forms include de-111, de-147s, de-121, de-120, and de-140. File these at the san joaquin county superior court, notify heirs, and publish a notice. Consult the court or an attorney for guidance.Full Conversation
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In California, you can initiate the probate process by filing a petition with the Superior Court in the county where your mother lived. Here’s what you need to know:
- File Form DE-* (Petition for Probate).
- Notify all interested parties.
- Publish a notice in a local newspaper.
Would you like more details about filing the petition?
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To file a Petition for Probate in California, follow these steps:
- **Complete Form DE-*** (Petition for Probate) and other required forms.
- **File the forms** with the Superior Court in your mother's county of residence.
- **Pay the filing fee** (fee waivers may be available).
- **Notify heirs and beneficiaries** by mail.
- **Publish a notice** in a local newspaper.
Would you like assistance with understanding the forms or court information?
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In California, here's how to proceed with understanding the forms and court information:
- Review **Form DE-*** instructions carefully (available online at the California Courts website).
- Locate the Superior Court in your mother's county for filing.
- Contact the court's probate clerk for guidance on local procedures.
Would you like the court's contact details?
what do i do bout the three that are living in the house. i was told that she didnt have a will and the only thing was about the house. a neighor approached me with * to * thousand dollars asking if i would go away. i dont know if i would be entiltled to her accounts or if they took the money or if it was willed to me
I'm sorry to hear about your situation. Here's some general information:
- As the sole heir under intestate succession, you may be entitled to your mother's estate, including the house and accounts.
- The probate court determines rightful ownership.
- The offer from the neighbor should not be accepted without legal consultation.
Would you like assistance with contacting the probate court in your mother's county?
what if they have already emepted the accounts?
If your mother's accounts have already been emptied, here's what you can do:
- **Account Review**: Request information from the financial institutions to investigate transactions and beneficiaries.
- **Probate Court**: The court can require an accounting of the estate's assets and investigate improper actions.
- **Legal Action**: You may need to take legal steps if funds were wrongfully removed.
Would you like help locating the probate court or understanding next steps?
i just need a list of paperwork along with instructions on how to properly file the right paperwork with san joaquin county
To properly file for probate in San Joaquin County, California, here is a list of paperwork and instructions:
*. **Form DE-***: Petition for Probate.
*. **Form DE-147S**: Duties and Liabilities of Personal Representative.
*. **Form DE-***: Notice of Petition to Administer Estate.
*. **Form DE-***: Order for Probate.
*. **Form DE-***: Letters of Administration.
*. **File the forms** at the San Joaquin County Superior Court.
*. **Pay filing fees** (fee waivers are available if eligible).
*. **Notify heirs and publish a notice** in a local newspaper.
For further assistance, you may contact:
San Joaquin County Superior Court
Phone: (*) *-*
Address: * E Weber Ave, Stockton, CA *
Website: www.sjcourts.org