what are my rights

Dear Anonymous, You have my condolences on the death of your father.  I hope that you have loved ones around you to help you through the grieving process.  I'd imagine having all the legal stuff to deal with makes life a little complicated right now.  I'll be remembering you in my prayers.  From your question, it sounds like your dad had no real property - only personal property.  It also sounds like none of his "stuff" is in your possession but possibly the "girlfriend" has it all and she isn't relinquishing it to you. In the eyes of the law you are your dad's sole heir and you should be entitled to everything he owned which is in his name soley (meaning things not owned jointly with someone else who now has a right to it because they survived your dad).  In the state in which I practice (Illinois) if an individual dies and has no real estate AND his/her assets are UNDER $100,000.00 (in value) then instead of taking a matter through the probate court, something called a small estate affidavit is used.  That affidavit along with the death certificates can be used at the Dept. of Motor Vehicles (DMV) to get the titles of the vehicles switched over to your name. I would first suggest you try a friendly phone call to the "girlfriend" and inquire if she will voluntarily give you all the stuff that is legally yours AND access to your dad's papers....getting the titles are imperative.  If she is hesitate or hostile, get an attorney immediately before she disposes of any of your dad' belonging.  If the items are sold to someone considered a bona fide purchaser (Google that yourself for the sake of time) you won't be able to get them back.  An attorney may need to be involved if any injunctions are needed to keep the "girlfriend" from selling your dad's property or subpoenas are necessary to obtain keys or titles to the vehicles.  In addition, you may need the sheriff to escort you to get what rightfully due you. Even with the above said, I would suggest you utilize a consultation with a local Probate Attorney to kick around all of your available options.  It may turn out that opening a probate estate is your best option in this case; however, the attorney would be better able to make that evaluation as s/he can ask you some pertinent questions to best make that determination. Again my condolences and I hope I was able to help in some small way.  Best wishes to you.