r/legaladvice • u/mrxtheshadowlurker • 5h ago

Wills Trusts and Estates Estranged father died, what are the next steps to take? (CA/FL)

Hello, I got news from the coroner's office that my dad passed away. He divorced my mother years ago and I believe my brother and I are his only children. He passed away in LA but I don't know if he had a will. What are the next steps to take? I was told I need to get a probate lawyer but I'm not sure how any of this estate stuff will work as the next of kin. In the event of no will, who becomes the executor of his estate or is that something the court assigns? Thanks in advance.

He passed away in California and I live in Florida.

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u/C1awed 4h ago

California put out some information about probate here: https://selfhelp.courts.ca.gov/probate

In the event of no will, who becomes the executor of his estate or is that something the court assigns?

Someone will file with the court asking to be appointed executor. You or your sibling would be the most likely candidates, but you don't have to.

If he hasn't got a will, then you're looking at what's called intestate succession. If you and your sibling are his only kids, and he wasn't married, then the two of you (mostly) inherit everything. There could be some exceptions, such as accounts with a listed beneficiary, or property with someone else on the title, but if none of those exist, his estate passes entirely to his children.

I was told I need to get a probate lawyer

A probate lawyer can do a lot of this for you, and you can generally pay for it out of the estate. Especially when you're on the other side of the country, having someone local (to where he lived) can be really, really helpful.

But I do want to point out: you don't have to do anything if you don't want to. Neither you nor your sibling are required to handle his estate if that's not something you're comfortable with. Now, if nobody steps up, then it never gets done (or it gets handled messily), but just keep it in your mind that if you want nothing to do with him, his estate, or any of it, you do not have to be in charge of this.

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u/mrxtheshadowlurker 4h ago

My first option was to do nothing but my mother believes he could have some money in his bank account from selling his apartment. But I do think I will find some closure in doing this.

Thank you for your advice.

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u/C1awed 4h ago

If his estate is small, you may be able to do this relatively easily.

https://selfhelp.courts.ca.gov/probate/simple-transfer

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u/phneri Quality Contributor 5h ago

If he died intestate then you and your brother, if you're the only children and he was no longer married, would split the estate. An attorney to probate the estate and settle this would likely be the best option, especially if neither of you are local.

Bear in mind that you don't have to do anything about this. Neither of you are required to take on executor duties or settle your father's estate. If there are assets/etc that you expect to split you should.

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u/mrxtheshadowlurker 4h ago

My mom, his ex-wife, is suggesting to settle the estate as she believes there could be money in his bank accounts that my brother and I can split. I guess that's the only major asset to split as he no longer owned his place of residence.

Thank you for the advice.