We were asked to waive a person from filing a probate bond .

It would appear that the girlfriend is just beginning the probate process, so probably nothing has been filed with the probate court yet. I absolutely would NOT waive the probate bond in this case - if you do and she absconds with the funds, you have virtually no recourse.

Furthermore, if she is asking to be named administrator, that would seem to indicate that there's no will. Your and your siblings have "priority" over her to be appointed as administrator of your father's estate - that is, the probate code says a child of the decedent has priority over non-relatives.

If you would like to begin a probate proceeding yourselves (and you think there's anything of value in the estate), I'd be happy to assist. My office is in Palo Alto.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

My initial observations are as follows:

1. There is no apparent reason for you to sign the waiver of bond. A bond is needed in probate proceedings, the mission of which is to clear title to an asset in the decedent's name. Probate is generally required to clear title to (a) real property, or (b) personal property worth more than $100,000 on the date of death. The request for waiver of bond and those rules together suggest that the girl friend is after assets in your dad's name.

2. With no will and no spouse, a decedent's assets generally pass to his children and the heirs of his dead children, if any.

3. The girl friend might be pursuing a Marvin type action (an agreement between two unmarried persons to share property and/or income), but she might be barred by the one-year statute of limitation, Code of Civil Procedure 366.2 and 366.3.

4. You should immediately obtain local counsel who is experienced in this area of the law. You might go to the state bar website and look for certified specialists in probate, estate planning and trust law in your county, and interview three of them. The lawyer you hire can check the court records to see if a probate proceeding has been commenced, wherein you or your siblings can file a counter-petition. You can probably check the court records on-line yourself. If no probate has been commenced, you can start your own.

5. Did your dad own a house or other valuable assets? If so, the stakes could be substantial.