Hi I am a real estate agent. I have a client who's father passed away April 9th, 2015. The son and daughter--the only 2 living heirs, had a ...

Question

Hi I am a real estate agent. I have a client who's father passed away April 9th, 2015. The son and daughter--the only 2 living heirs, had a notarized will signed prior to death. The house was all the father had of value, of which around $300,000 will be of profit. The property is now vacant, yet the son and daughter want to know which should be the next step to take--they live in Northern Ca., while the property is located in L.A. County. Any insight would be useful--Mike

Answer

A "notarized" will may not be valid. Whether it is or not, however, they must open a probate case and submit the will. If it is valid it will be used to conduct the probate. If not, the probate will proceed via intestate succession. Either way, unless the father had a living spouse or there were other children, the son and daughter will most likely be the recipients of the estate. They can either sell the house out of the probate or take title to it and sell it later, or whatever they want to do with it. But no matter what they must open a probate case in the county in which their father resided when he died. The property location doesn't matter.

Answer

It definitely sounds like a probate needs to be opened, as probate is the only way anyone has the legal right to manage, rent, sell, or distribute the property to the heirs. The probate will indeed take place in the county where the father lived before his passing.

I strongly suggest your clients meet with an attorney that handles probate matters. The first step is to see if the will meets all the formality requirements in order to be valid. This isn't necessarily a complicated question, but it requires a review of the will. Assuming there is no dispute among the heirs and a diligent probate attorney, the probate proceeding should go smoothly.

Attorney's fees for probate are capped by statute and are based on the value of the estate. You can try to negotiate a lower rate: some attorneys will do it, some won't. There may be additional fees involved due to the sale of the house or other complexity not revealed by your message. The important thing is that the clients find an attorney they trust and can work with, and that they really avoid trying to do this themselves.

You should be able to find a good probate lawyer here on Lawguru, or through the local bar association.

Answer

I'll just point out that your clients may as well see a lawyer up here, rather than in LA - most probate work is routine and doesn't involve lawyers appearing in court in person (or by phone). So if your clients get a lawyer in their community that lawyer can file for probate in Los Angeles County, or whatever county their father resided in at his death.