QUESTION
Do I need Probate Court, or a Notarized Letter signed by all heirs?
Asked on Aug 08th, 2016 on Wills and Probate - California
More details to this question:
There is no written will. We need a legal a document showing that I am the legal Administrator to get a release of Title from Mortgage Company on a Trailer (value $30,000). Can all the Heirs sign in writing that I am Administrator of Estate if we get it notarized? Or is there a form I need to fill out and have notarized? Or do we need to go through probate court? Would written letter signed by the heirs be ok for the Banks and/or Mortgage company? The Trailer is paid off but the deceased never got the release of title.
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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There is only one way to get appointed as the administrator of the estate, and that is to file a petition for probate with the probate court.
However, you may or may not need that proceedure, depending on what type of property and how much it's worth. You may qualify for this procedure if there is only a $30,000 trailer:
http://www.hcd.ca.gov/codes/registration-titling-mobilehome-transfer-forms/hcd475.2.pdf
Answered on Aug 17th, 2016 at 11:28 PM