When someone dies without a Will, their estate can be settled via an Affidavit of Small Estate or an Application for Determination of Heirship, depending on the amount in the estate and on other questions. You may well need to settle your mother's estate by hiring an attorney to help you file an Application for Determination of Heirship. After paying the debts, it will be distributed to her children (assuming her spouse left his 50% community property share to her), not to a grandchild who is the child of a living child.
Until the court appoints someone to settle the estate, no one has authority to live in the house or to evict someone else who is living there.
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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