Intestate Succession With an Estranged Heir

[miss fritz]

My question involves estate proceedings in the state of: California


Hi,

My mother passed away intestate and I am currently in the process of applying for letters of administration and eventually probate.

The only asset requiring probate is my place of residence that I lived with my mother. I have and service a mortgage in my name, but the title is soley in my mother's name. The reason for probate would be for the transfer of title.

Within the laws of Intestacy a family succession applies but I was wondering what happens in the case of an estranged beneficiary (my brother).

My brother wouldn't want anything to do with the estate but what are my legal requirements in this regard.

I have tried to locate him to no avail. If he is unlocatable is it the courts duty to locate him?

Once administration and probate is granted and the certificate of title is vested in my name, how do I distribute the estate to a beneficiary that is unlocatable?

I do not wish to sell the house but could the court order me to recompense my brother somehow or hypothetically would my brother have to petition the court? (Not that this would happen, he has probably skipped the country)

How should I show a final account for the estate if I am unable to distribute the estate within the Intestacy rules?

Has anybody been through this experience?

Thankyou in anticipation,

Miss Fritz

[Mr. Knowitall]

Nothing in the laws of intestate succession take away an heir's rights merely because he's estranged from the family.

There are private investigators who specialize in tracking missing people, including heirs. Most people aren't that hard to find. Sometimes it's as easy as punching their name into Google.