The mother dies and leaves a vacant lot free and clear. Her will gives the lot to her two adult children and names her ex-husband as the executor. The ex wants nothing to do with the matter and has signed a statement saying that. The son wants to sell the lot and is willing to act as the executor. The value of the lot is probably under $10,000.00. I understand that there is some sort of minor probate in California for such cases. Does anyone know which form to file with the court to get the son on title so he can sell the lot?
it depends on the total value of the estate. I believe there is a small estate exception for estates under 100k (check that number). Probate is done thru the Superior Court of the county the person died in. Upon conclusion of the probate case, both children are likely to be on title and would have to both agree to sell the lot. It could take awhile to get to that point and there are many potential complications along the way
Just one of the scenarios that made us form a Revocable Trust when we lived in California. Spending 2 years waiting for a court date to clear probate on a death isn’t my idea of something to leave my wife and family on my deathbed.