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, 2011My 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?
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