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California: Probate should be filed within 30 days of the persons death.
A petition for partition occurs when two or more property owners cannot agree on what to do with it. For instance, one owner may want to sell, and the other wants to rent. If the parties cannot reach an agreement, filing a petition for partition becomes an option to compel the sale of the property.
The Petition for Probate of Wills and Letters of Administration with Will Annexed is requesting for the court to validate the Will and formally appoint an Administrator. The Administrator generally shares the same duties of an Executor. However, they are selected by the court rather than nominated by the decedent.
These petitions are used to initiate the administration of an estate. The way in which the estate is administered changes based on the type of petition used. The Petition for Probate of Will and Letters Testamentary is requesting for the court to validate the Will and formally appoint the Executor.
The answer would be the decedents heirs, who may consist of their surviving spouse, children, grandchildren, parents, siblings, and nieces and nephews, among others. To put it simply, even when there is no will, the administrator does not have the authority to decide who gets what.
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For instance, in a notable partition case, a court ordered a forced sale of the property, allowing the sale proceeds to be divided among the tenants in common after deducting property taxes and attorneys fees.
If you have received a DE-121 Notice of Petition to Administer Estate, it means that you likely have an interest in the estate of a person who has passed away. It also means that another person has filed with the court to begin the probate process.
In California, a spousal property petition provides a simple, streamlined way for community and separate property to be transferred from a deceased spouse to a surviving spouse.

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