Skip to main content

Do i need a probate lawyer or can i probate myself

Hayward, CA |

my father died no will i was living with him at time of death and prior to death i took over mortgage payments how do i get the deed in my name or how do i stop bank from taking the property my mother still lives in home with us but has little income to make payments she want me to assume the loan my sibling all agree to let me keep property what action do i need to take and can i do it without a lawyer

Attorney Answers 4


  1. You really need to consult a probate lawyer. If your mother is on title, as your question suggests, your mother can clear title into her name simply with an affidavit of death of joint tenant. Still, that may not accomplish your objectives. A lawyer would be able to determine exactly what you must do and could tell you how to do it. Probate may, or may not, be the right vehicle under your exact facts.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  2. You can always represent yourself but this may be a lot to bite off. It doesn't seem that you will need a Probate, however, I recommend that you spend a few dollars and retain an experienced attorney. I could very well save you a lot of money down the road.

    No legal representation exists by virtue of this answer. It is recommended that you contact an attorney directly for a more complete response.


  3. Michael is correct. It sounds as if this is not a probate situation but rather a simple situation involving clearing title on the deeds. Save yourself a bunch of time and aggravation and get an attorney to do it. You may be surprised that this may be a relatively inexpensive process.


  4. My colleagues are correct. The most prudent course of action would be to meet with a probate attorney for assistance. This doesn't sound too challenging for an experienced attorney, but it will not be easy as a do-it-yourself project. If you make a simple mistake you could be creating problems down the road. You will be well served to invest a little now to avoid spending a lot later.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: service@egoldlaw.con

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics