If there is no will does a family member have to open probate because a creditor of an unsecured loan says to do so? 2 Answers as of February 07, 2011

My father passed with no will. We have not opened probate due to the debt asset ratio. He owned a condo and he had an unsecured debt against it. Does the creditor have legal right to come after the family or open the probate themselves without family consent?

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Law Office of Larry Webb
Law Office of Larry Webb | Larry Webb
In California, the gross value of the estate determines whether or not you need to open a probate. You have not provided enough information to determine whether or not the estate can be excluded from probate. What do you mean by "unsecured debt against it" ? If you do not open a probate, the creditor as an interested party has standing to open a probate. The creditor would then be the administrator of the estate, you probably do not want that to happen.
Answer Applies to: California
Replied: 2/7/2011
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