Can I bypass probate if I am the descendant’s next of kin and what motion can I file to speed the process if someone has moved in? 7 Answers as of August 31, 2015

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Law Offices of George H. Shers | George H. Shers
No. The title to the property remains in the decedent's name until probate is concluded. See some local probate attorneys to find out what they can do for you. If you know the person who has moved in, tell them to get out unless you are willing to rent the place to them. Otherwise, call the police that you have a trespasser?
Answer Applies to: California
Replied: 4/28/2015
James Law Group
James Law Group | Christine James
No you cannot bypass probate unless the estate's total value is less than $150,000. To speed the process up, speak with an attorney ASAP.
Answer Applies to: California
Replied: 4/29/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
Will? Trust? How does title stand? If title is in the name of the decedent, yes, probate may be necessary. Please see a lawyer who does wills and estates.
Answer Applies to: California
Replied: 4/23/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
You can bypass probate if the estate is too small and title to real property does not need to be changed to give you clear title. If a clear property title cannot be transferred in a sale, then the title issue will have to be addressed in a probate court, before you can transfer a clear title to a buyer. Suggest you consult with a probate lawyer.
Answer Applies to: California
Replied: 4/23/2015
Law Offices of R. Christine Brown | R. Christine Brown
If assets exceed $150,000 in value you must probate the assets unless you're named as a co-owner. Even real property valued at less than $150,000 is subject to a one time petition. You can be appointed as a Special Administrator to request authority to evict someone while your petition for probate is pending. You should really consult with an attorney with probate experience.
Answer Applies to: California
Replied: 4/23/2015
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