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What is the procedure for submitting a petition for "order determining succession to real property" in LA county?

Los Angeles, CA |
Filed under: Probate

afriendofminehadgrandmotherwhopassedawayaboutayearago.Hergrandmotherhadonlyleftasmall2bed1bathhousethatwasinbadcondition.Thecourtsaidthatthepropertywouldhavetogothroughprobate.However,myfrienddoesntwanttostarttheprocessbecauseofthecostsinvolvedandbecauseshehasnosupportfromherfamily.Iheardofthe"orderdeterminingsucccessiontorealproperty"forpropertyvalued$150,000orless.THehousethathergrandmotherleftwasallshehadandintheconditionitisinIknowitsnotworthmorethan$50,000

a friend of mine had a grandmother who passed away with no will about a year ago. Her grandmother had only left a small 2 bed 1 bath house that was in bad condition. she was told by ther court that the house would have to go through probate. But since she has no support from her family she doesnt want to deal with all the expenses of the probate process and has decided to do nothing. i heard about the "order determining succession to real property" valued at $150,000 or less. the house her grandmother left in the condition it is in is not worth more than $60,000. So what is the procedure that she can follow?

Attorney Answers 3

Posted

Probate Code Section 13500 and following provide that where there is real property (and any personal property) having a value of less than $150,000 the person who would inherit the property can file a petition to have the court determine that the property can pass to the successor. There are forms available.

DISCLAIMER: The response herein is not legal advice and does not create an attorney/client relationship or any right of confidentiality between you and the responding attorney. These responses are intended only to provide general information about perceived legal issues within the question. Each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer is not a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.

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Asker

Posted

I found the form DE-315 so should she just fill it out and submit it to probate court? if so what happens next?

Posted

Check the Los Angeles court website under judicial council forms. There will be forms DE-310 and DE-315 you can complete and submit to the court.

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Posted

I believe the correct probate code reference is to section 13150. You should read the provision to assure your friend qualifies. Getting the court order is rather complex, so you may be well served by engaging counsel with experience in the area for assitance.

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