Regards to California law. My brother and sister-in-laws estate is in probate. Both passed away without an heir at different times. The probate process has already begun between my sister-in-law's sister and my sister-in-law's new "husband"(re-married for a month), but has not concluded. Is it too late for our surviving father to join as a third party of interest? I'm not sure how often the probate judge at looks and applies community/separate property law.
Your father can always object to an application to be appointed administrator. Keep in mind that separate property will pass to him only if there were no children. Also note that married is married, regardless of time.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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