Phase 1 · Days 1–7Stop Everything. Stabilize Everything.

This is the week where wrong advice becomes wrong decisions. No one signs anything. No one makes promises at the kitchen table. We gather facts, we retain counsel, and we tell the family — gently and in writing — that the map we were handed was the wrong map.

The Week-One Checklist

• Day 1Gather every deed from the county recorder. The original vesting deed, every recorded change since, any deeds of trust, any lien releases. Pull the full chain of title. Why: You cannot advise on ownership you haven't seen on paper. The 60/10/10/10/10 split needs to be confirmed from the recorded instrument, not from family memory. Owner: Vince (or designated family member) · Deadline: End of Day 1
• Day 1Stop all signing. Tell every cotenant, in writing, today. Send the same short email or text to all five cotenants (three siblings, two surviving spouses): "We've learned the inheritance rule we were told is not the California rule. Until our probate attorney reviews everything, no one signs any deed, quitclaim, waiver, or agreement. We'll have a family call this week." Why: A paralegal's wrong advice became a family's wrong assumption. The wrong assumption is two signatures away from becoming a wrong filing. Shut that door today. Owner: Vince · Deadline: End of Day 1
• Day 2Order certified death certificates. Multiple copies of each. Order at least six certified copies per decedent from the county vital-records office. Every institution — the recorder, the probate court, each bank, the insurance carrier, the assessor — will demand an original certified copy. Running out of certified copies stalls everything. Why: Title insurers and probate courts do not accept photocopies. Counsel will need originals in hand before filing. Owner: Family · Deadline: Day 2
• Day 2–3Pull the original vesting deed. Confirm the 60/10/10/10/10 language. Read the granting clause. Look for the word "tenants in common." Look for the percentages. Confirm there is no "joint tenancy," no "with right of survivorship," no "community property with right of survivorship." If the deed says something other than TIC, the entire analysis changes. Why: If the property is joint tenancy, the decedents' interests passed automatically to the surviving joint tenants by operation of law — no probate, no spousal share. If the property is TIC, the decedents' interests enter their probate estates. The word on the deed determines everything. Owner: Vince · Deadline: Day 3
• Day 3Check for existing trusts, wills, TOD deeds, or §852 transmutation agreements. Search every file the decedents kept. Check safe-deposit boxes. Contact any attorney either decedent ever used. Ask the surviving spouses what estate-planning documents they ever signed or discussed. Why: A single found document — a revocable trust, a holographic will, a recorded transfer-on-death deed, a prenuptial transmutation under Family Code §852 — reorders the inheritance entirely. We must know what exists before we file anything. Owner: Family · Deadline: Day 3
• Day 4Retain licensed California probate counsel. Not the paralegal. Not a generalist. A probate attorney admitted to the California Bar who has handled multi-decedent, multi-heir intestate estates. Call your county bar's Lawyer Referral Service if you don't have one already. Why: Vince's role is research and coordination, not representation. California Business & Professions Code §6125 prohibits non-attorneys from practicing law. Counsel must sign the pleadings, appear in court, and negotiate binding settlement terms. Owner: Family · Deadline: Day 4
• Day 4Order date-of-death appraisals for each decedent's fractional interest. You need a qualified appraiser (MAI designation or county-approved probate referee) to value the 60% interest as of the 60% holder's date of death, and the 10% interest as of the 10% holder's date of death. Fractional-interest appraisals include a minority discount; they are not one-sixth or 60% of the whole-house appraisal. Why: Every downstream calculation — IRC §1014 basis step-up, California probate fees (§§10800, 10810), Prop 19 reassessment valuation, partition buyout price under CCP §874.311 — runs off these appraisals. Order them now; they take weeks. Owner: Retained counsel · Deadline: Day 4 (order); Week 6–8 (delivery)
• Day 5Freeze all property-level decisions in writing, to all cotenants. One email to the whole group: "Until counsel has reviewed the estate, no lease changes, no insurance changes, no mortgage refinancing, no repairs beyond emergency preservation, no occupant changes, no tax-protest filings. Emergency preservation items (burst pipe, roof leak) go through Vince first, then get documented." Why: A cotenant who acts unilaterally during this window can create reimbursement disputes, ouster claims, or waste claims that blow up the probate. Freeze first, act later, by consensus. Owner: Vince · Deadline: Day 5
• Day 6–7Schedule the full family meeting. Brief everyone on the corrected legal reality. All five cotenants (three living siblings plus two surviving spouses) in one room or one video call. Use the Family Meeting Agenda template (Artifact C). Deliver the corrected rule gently, cite the statute, hand out the FAQ. The tone is we-are-all-protected-by-the-same-rule, not we-were-right-you-were-wrong. Why: The spouses heard "100%" from someone they trusted. Hearing "50%" must come with warmth, with the statute in writing, and with a clear next step — not with a lecture. Owner: Vince + retained counsel (if possible) · Deadline: Day 7
• Day 7Complete the intake questionnaire and document the chain of title. Retained counsel will have a standard 20-plus-question probate intake. Fill it out completely — no guesses, no blanks. Attach the deed chain. Attach the death certificates. Attach every document found in the Day 3 search. Why: The intake answers drive the filings. One wrong intake answer — "the 60% holder had no children" when in fact there is a child from a prior relationship — changes the petition, the percentages, and the whole strategy. Counsel must have the complete picture before drafting the §13650. Owner: Family + retained counsel · Deadline: End of Day 7

Phase 2 · Days 8–30File the Petitions.

Two tracks run in parallel. Each surviving spouse files a §13650 Spousal Property Petition to confirm her 50% of her deceased husband's share. The remaining 50% — the siblings' half — goes into full intestate probate for each decedent. Two decedents means two parallel probates. Different petitions, same courthouse, same timeline.

The Month-One Checklist

• Week 2Each surviving spouse files a §13650 Spousal Property Petition. Filed in the Superior Court of the county where the decedent resided at death. One petition per decedent. The petition asks the court to confirm that the spouse's one-half share of the decedent's separate-property interest passes to her without full administration. Why: §13650 is the fastest path to move the spousal 50% off the probate docket. It typically resolves in four to six months and clears that portion of title immediately after the order. The non-spousal 50% still goes through full probate — but the spousal half does not have to wait. Owner: Retained counsel (one per spouse, or joint with conflict waiver) · Deadline: Week 2
• Week 2Serve notice on all heirs. Minimum 15 days before hearing. Probate Code §13655 requires notice to all persons named in §13655(a) — every heir, every devisee under any known will, every person who may have an interest. For these estates: the three living siblings, the other surviving spouse, any children (known or unknown), any surviving parents. Why: Missing an heir on the service list is grounds to void the order. Counsel must run a heir search, not rely on family testimony. Owner: Retained counsel · Deadline: At least 15 days before hearing
• Week 2–3Retain probate counsel to file a Petition for Probate (intestate) for each decedent. Under Probate Code §§7000 et seq., each decedent's estate needs its own full probate because the 50% non-spousal residual (the siblings' half) has to be distributed under §6402(c). This is a separate filing from the §13650 and a separate case number. Why: §13650 handles only the spouse's half. The siblings' half requires full administration — appointment of a personal representative, issuance of Letters of Administration, inventory, creditor notice, accounting, final distribution order. Owner: Retained counsel · Deadline: Week 3
• Week 3Provide a preliminary inventory of assets to counsel. For each decedent: the fractional interest in the house, any bank accounts held in the decedent's name alone, any vehicles, any personal effects of meaningful value, any life-insurance policies without a named beneficiary. Joint accounts with right of survivorship and accounts with named beneficiaries do not go into the probate inventory. Why: The inventory drives the probate fee calculation under §§10800/10810. It also triggers the date-of-death appraisal scope for the probate referee. Missing an asset now means amending the inventory later, which delays distribution. Owner: Family + retained counsel · Deadline: Week 3
• Week 3–4Apply for Letters of Administration. Propose a personal representative for each estate. One representative per decedent estate. Typically the surviving spouse has priority under §8461, but she can nominate another family member or agree to a sibling serving. If spouses and siblings disagree on the appointment, the court resolves it. Why: Letters of Administration give the personal representative legal authority to open estate bank accounts, collect assets, pay claims, and eventually distribute. Without Letters, no one has power to act for the estate. Owner: Retained counsel · Deadline: Week 4
• Week 4File Notice of Proposed Action for any contemplated disposition. If the estate plans to sell, lease, refinance, or otherwise dispose of the fractional interest, the personal representative must file a Notice of Proposed Action under §10580 and serve it on interested persons. A 15-day objection window runs before the action can proceed without court order. Why: Unilateral dispositions by the personal representative expose her to surcharge. Notice of Proposed Action gives the siblings and other spouse a chance to object. Quiet dispositions invite challenges that blow up the estate. Owner: Personal representative + counsel · Deadline: Before any disposition
• Week 4Open the creditor claim window. Publish the §8120 notice. Publication starts the four-month creditor claim period under §9000. After the window closes, late-filed claims are barred (with narrow exceptions for creditors who did not receive notice). Why: Until the creditor window closes, the estate does not know its net distributable value. Distributing before the window closes exposes the personal representative to personal liability for unpaid claims. Owner: Personal representative + counsel · Deadline: Week 4 (start); Month 5 (close)

Phase 3 · Months 2–6Work the Probate.

This is the operational middle. The petitions are filed and now the work is done: creditors get paid or barred, appraisals arrive, tax analyses get run, reassessment filings go in, community-property questions get answered, and any §852 transmutation claim gets contested or acknowledged. This phase has fewer dramatic moments and more calendar discipline.

The Months-2-Through-6 Checklist

• Months 2–5Track creditor claims. Evaluate each. Watch the §9000 window close. Claims must be filed within four months of the §8120 notice publication (or 60 days after actual notice to a known creditor). The personal representative evaluates each claim, allows or rejects under §9250, and keeps a running ledger of allowed claims against the estate. Why: Each allowed claim reduces the estate's net distributable value. A $50,000 medical bill against one decedent's estate reduces that decedent's half-of-house share before the spousal/sibling split is calculated. The siblings' 50% is net of that decedent's debts, not the gross fractional interest. Owner: Personal representative + counsel · Deadline: Running through Month 5
• Months 2–3Receive the date-of-death appraisals. Validate the minority-interest discount. Fractional-interest appraisals include a discount for lack of control and lack of marketability — typically 15–35% below a proportional share of the whole-property value. A 60% interest in a $1M house does not appraise at $600,000; it appraises at something like $420,000–$510,000 depending on the discount the appraiser applies and supports. Why: The appraisal fixes the IRC §1014 basis step-up for that decedent's share and the §10800/10810 probate fee base. A too-high appraisal inflates fees and inflates later capital-gains basis (which helps on eventual sale). A too-low appraisal compresses fees and basis. Have counsel review the appraisal narrative for defensible methodology. Owner: Probate referee or retained appraiser · Deadline: Month 3
• Month 3Run the federal estate-tax and basis-step-up analysis for each decedent. Under IRC §1014, each decedent's fractional share receives a new income-tax basis equal to its date-of-death fair market value. For 2026, the federal estate-tax exemption sits well above the likely value of these fractional interests, so no federal estate-tax return (Form 706) is typically required — but counsel should run the numbers and confirm, and file a 706 if the surviving spouse wants to preserve portability of any unused exemption. Why: Preserving the basis step-up on these appraised values is the single largest tax planning move in this case. If the family sells 12–24 months after probate, the post-probate portions pay little to no federal capital-gains tax. The original three siblings' 10% shares retain their historical basis — so the tax bill on sale is concentrated on those original shares, not on the inherited portions. Owner: Retained counsel + family's CPA · Deadline: Month 3
• Month 3File the Prop 19 reassessment claim with the county assessor. One filing per estate. Transfers from each decedent to his surviving spouse are excluded from reassessment under Revenue & Taxation Code §63 (interspousal exclusion). Transfers from each decedent to the three surviving siblings trigger reassessment on the sibling portions — Prop 19 repealed the prior sibling exclusion. The assessor reassesses those sibling portions at current fair market value and applies the new base-year value to the sibling share of the tax bill going forward. Why: Missing or late-filing the interspousal-exclusion claim lets the assessor reassess the spousal portion by default. That is a recoverable error if caught, but it is a nightmare to unwind. File the exclusion claim affirmatively and on time. Owner: Retained counsel · Deadline: Within 3 years of death, but file in Month 3 to avoid delays
• Months 3–4If either marriage involved community-property contributions to the house, run the Moore/Marsden calculation. If community funds (typically a spouse's post-marriage earnings) paid down separate-property mortgage principal, the community acquires a pro tanto interest equal to the principal reduction plus a proportional share of appreciation during the pay-down period. Interest, taxes, and insurance premiums do not count — only principal reduction and capital improvements. Counsel needs the mortgage history, the community-earnings history, and the improvement records to compute. Why: If Moore/Marsden applies, the surviving spouse's share increases — she receives (her community portion in full under §6401(a)) plus (one-half of the remaining separate portion under §6401(c)(2)(B)). The siblings' residual shrinks. Running this calculation preemptively and honestly is better than having the surviving spouse's counsel raise it as a counterclaim later. Owner: Retained counsel + forensic accountant · Deadline: Month 4
• Month 4Investigate any Family Code §852 transmutation. Contest or acknowledge. A written, express declaration — signed by the decedent — changing the character of separate property to community property (or vice versa) controls. Most families do not execute transmutations; if one is found, Estate of MacDonald requires unambiguous express language. Oral agreements, implied transmutations, and joint-title arguments do not meet the §852 bar. Counsel evaluates any document offered and either acknowledges it (if valid) or contests it (if not). Why: A valid §852 transmutation fundamentally rewrites the separate-property assumption that drives the entire 50/50 spousal-sibling split. If it exists and is valid, the spouse may take far more than 50%. If it exists but is invalid under MacDonald, we must be prepared to contest. Owner: Retained counsel · Deadline: Month 4
• Months 4–6Make any interim disposition decisions by consensus or by Notice of Proposed Action. If the house needs a significant repair, if the family wants to rent the property to offset carrying costs, if one cotenant wants to occupy and pay above-market rent to the estate — these are interim decisions. File a Notice of Proposed Action, get the 15-day objection window, and act only after the window closes without objection. Why: Consensus decisions preserve goodwill. Unilateral decisions create surcharge exposure. Notice-of-Proposed-Action decisions are procedurally protected. Owner: Personal representative + counsel · Deadline: As needed through Month 6

Phase 4 · Months 6–12Close Title, Negotiate, or Partition.

This is the decision phase. By month six, the §13650 orders are issued or close to it, the appraisals are in, the creditor window is closed, and the tax picture is clear. Now the family decides: do all five cotenants agree on a path? If yes, the closing is paperwork. If no, the Partition of Real Property Act becomes the structure — and under that statute, the non-filing cotenants hold right of first refusal.

The Decision Fork

At the start of Phase 4, the family sits down again and answers one question: Do all five cotenants agree on what happens to the house?

The Phase-4 Checklist (Both Paths)

• Month 6Hold the Decision Meeting. All five cotenants present. Counsel present. Use the Family Meeting Agenda (Artifact C). Share the appraisals. Share the tax analysis. Share the Moore/Marsden result if applicable. Ask each cotenant, in turn, what outcome they want. Document the answers. Why: Consensus is only possible if everyone has the same information at the same moment. The Decision Meeting creates that moment. Owner: Retained counsel + Vince · Deadline: Month 6
• Months 6–8If Yes Path: Draft the settlement agreement. Counsel drafts a single instrument specifying final ownership percentages, the chosen disposition, any buyout prices, any seller financing, any continued-occupancy terms, and all releases. Every cotenant signs. Record the transfer deeds. Why: A written settlement executed through probate counsel preserves the Prop 19 interspousal exclusion and protects the cotenants who are staying in the property from later reassessment challenges. The paperwork matters. Owner: Retained counsel · Deadline: Month 8
• Months 6–7If No Path: File the Partition Complaint. CCP §872.210. Any non-consenting cotenant can file. Filed in the Superior Court of the county where the property is located. The complaint names every cotenant and asks the court to either physically partition the property or order its sale. Why: Partition is the statutory escape valve when unanimity fails. It is not a failure of the family — it is a structured process that preserves fair market value under the 2023 Act. Owner: Retained counsel · Deadline: Month 7
• Month 8If No Path: Court orders the §874.311 appraisal. The buyout window opens. Forty-five days for any non-partitioning cotenant to exercise the right of first refusal and buy out the filer at appraised value. Financing can be arranged during the window; the buyout does not have to be all-cash on day one, but the exercising cotenant must demonstrate the ability to close. Why: This is the hinge. A sibling who wants to keep the house and can fund the spouses' shares (through savings, refinancing, or seller carryback) keeps the house at appraised value. A spouse who wants to keep the house and can fund the siblings' shares does the same. The §874.311 window is where families save houses. Owner: Whichever cotenants want to exercise · Deadline: 45 days after court order
• Months 9–12If No Path and no buyout: Court-supervised open-market sale. Court-approved real-estate broker lists the property. Normal listing, normal showings, normal offer negotiation — just with court oversight. Sale closes at or near fair market value (not at the discount of a courthouse-steps auction). Why: The 2023 Partition Act eliminated the fire-sale outcome. Realistic recovery under a partition sale is fair market value minus broker commission and court costs — typically 92–94% of gross FMV. The old "partition means you lose 40%" mythology is outdated. Owner: Court-appointed broker · Deadline: Month 12

Phase 5 · Months 12–18Resolution.

This is the close-the-file phase. Whatever path was chosen in Phase 4 reaches its final paperwork and accounting. The probate is formally closed. The tax returns are filed. The family members who stay in the property confirm their new vesting. The family members who receive cash get their distributions. The file goes into long-term storage.

The Phase-5 Checklist

• Months 12–15If Yes Path: Record final deeds. File the final probate accounting. Record transfer deeds at the county recorder reflecting the agreed post-settlement ownership. File the final accounting with the probate court under §§10900 et seq. Petition for order of final distribution. Serve notice on all interested persons. Why: The order of final distribution terminates the personal representative's authority, releases her bond, and closes the estate. Without it, the estate stays technically open — which keeps the tax posture and legal liability unresolved. Owner: Retained counsel · Deadline: Month 15
• Months 12–15If Buyout Path: Close the buyout escrow. Record the new vesting. The exercising cotenant funds the purchase of the partitioning cotenant's share at the §874.311 appraised value. Escrow closes through a title company. New vesting is recorded. The probate can close on the same timeline. Why: A §874.311 buyout is structurally similar to a normal real-estate closing — title company, escrow, recorded deed. The only novel element is the court-supervised valuation and the court order approving the transfer. Owner: Title company + retained counsel · Deadline: Month 15
• Months 12–15If Partition-Sale Path: Close the sale. Distribute the proceeds. Court-approved broker closes the sale. Proceeds flow into a court-supervised trust account, are apportioned per §874.321.5 and the adjudicated ownership interests, are reduced by broker commission, court costs, and any allowed estate debts, and distributed to the cotenants. Final accounting is filed. Why: Proceeds distribution under §874.321.5 is formula-driven — each cotenant receives her adjudicated percentage of net proceeds. Disputes over distribution are resolved by the court, not the broker. Owner: Court + retained counsel + broker · Deadline: Month 15
• Month 16File the decedents' final Form 1040 and Form 1041 (estate income tax return). Each decedent files a final personal income tax return covering the portion of the year before death. Each estate files a Form 1041 for the estate income earned during administration (typically rent, interest, or gain on a sale). Pay any tax due. Why: Tax filings outlive the probate. The personal representative's authority includes filing the decedent's final return. Ignoring the filing creates penalties and keeps the IRS file open. Owner: Family CPA + retained counsel · Deadline: April 15 of the year after the tax period
• Month 18Confirm Prop 19 reassessment has been properly applied. Review first post-transfer property tax bill. The first tax bill after the transfer will reflect the post-Prop-19 reassessment on the sibling portions and the preserved base-year value on the spousal portions. Verify the assessor applied the interspousal exclusion correctly. If not, file a supplemental claim or appeal under Revenue & Taxation Code §1603. Why: Assessor errors happen. The window to correct them without litigation is narrow. Review the first post-transfer bill carefully. Owner: Family CPA · Deadline: Month 18
• Month 18Close the file. Archive everything. Final order of distribution in hand. All deeds recorded. All tax returns filed. All estate accounts closed. Archive a complete copy of the probate file, the closing binder, the tax returns, and the recorded deeds in a family vault — digital and physical. The next generation will need this. Why: Probate files answer basis-tracking questions for decades. If the family sells later, the IRC §1014 step-up basis lives in these records. Lose the file, lose the tax basis. Owner: Family + retained counsel · Deadline: Month 18

Supporting ArtifactsDocuments, Templates, and Vocabulary.