Immediate steps to secure the house and preserve estate property (California)

Short answer: Lock the home, document everything, politely but firmly tell family members not to remove items, contact local law enforcement if someone trespasses or steals, and quickly start probate steps to obtain authority (letters of administration or appointment of a temporary/special administrator). If items are at immediate risk, ask the probate court for temporary relief. This is general information only and not legal advice.

Disclaimer

This article explains California law basics and common practical steps. It is educational only and not legal advice. For advice tailored to your specific situation, consult a licensed California attorney.

What legally matters right now

When someone dies, their property belongs to the estate. Until the court appoints a personal representative (called an executor if there is a will, or an administrator if there is no valid will), no one has full legal authority to collect, sell, or distribute estate property. Because the risk of family members removing or taking items is common, you should act quickly to preserve and document the property and to obtain court authority.

Relevant California resources and statutes

• Overview of probate procedures and how to open a probate case: California Courts — Probate Self-Help.
• California Probate Code (general probate law): California Probate Code (Legislature).
• Theft and trespass criminal statutes you may rely on if someone unlawfully takes or occupies property: Penal Code § 484 (theft) — PC § 484; Penal Code § 602 (trespass) — PC § 602.

Detailed answer — step-by-step actions to secure the house and protect belongings

1. Secure the property physically

• Change or rekey the locks if you can do so without removing other people’s legally protected possessions; changing locks is often the fastest way to prevent unauthorized entry. If other family members are co-owners, be cautious — changing locks can inflame disputes. Consider a locksmith who will provide a receipt and record.
• Turn on or install an alarm/camera system (document activation). If cameras are present, keep recordings intact and save copies to external storage.
• Secure high-value items (jewelry, cash, firearms) in a locked safe or remove them to a secure location, but document removal carefully (photos, inventory, witnesses). If you remove items, keep a detailed contemporaneous log explaining why you removed them and where you placed them.

2. Document everything — build evidence

• Take dated photographs and video of every room and of high-value or sentimental items. Make multiple backups (cloud + external drive).
• Create an itemized inventory with descriptions, estimated values, and the location of each item. Note if items were damaged, missing, or already moved.
• Save all communications (texts, emails, voicemail) about the house or items. If someone admits they took something, preserve that message.
• Get witness statements from neighbors or family members who saw people remove items or who can verify who has access.

3. Tell family members in writing to stop removing property

• Send a polite but firm written notice (email or certified letter) to siblings and other relatives asking them to refrain from removing property until a personal representative is appointed. Keep a copy of the notice and proof of delivery.
• Sample content: identify yourself and your relationship, state that the decedent has died, ask recipients not to remove items from the house or otherwise disturb property, and explain that the estate is subject to probate and will be administered according to law.

4. If someone removes items or refuses to stop, consider law enforcement

• If a person unlawfully enters the home or takes items, you can call local police for assistance. Police may treat wrongful removal as theft (Penal Code § 484) or trespass (Penal Code § 602). Keep in mind police will evaluate whether a crime has occurred and the available evidence.
• Police typically will not act to resolve a civil ownership dispute; they respond to criminal acts (theft, burglary, trespass, threats). Use your documentation to support any criminal complaint.

5. Start the probate process promptly

• File a petition for probate to have the court appoint a personal representative. Once appointed and issued letters (letters testamentary or letters of administration), the representative has legal authority to collect and preserve estate property.
• If the estate faces immediate risk, ask the court for expedited or interim relief. Courts can appoint a temporary or special administrator to preserve assets in emergency situations. The California Courts self-help page explains how probate petitions work and provides forms and local court contacts: https://www.courts.ca.gov/selfhelp-probate.htm.
• Work with a probate attorney if possible. An attorney can draft an emergency ex parte application for temporary possession, request a bond waiver if appropriate, and help prepare the petition and supporting declarations showing the immediate risk to estate property.

6. Use the probate court to get back or preserve items

• After appointment, the personal representative can demand return of property, inventory the estate, and pursue civil remedies against anyone who wrongfully took items.
• The estate representative can also seek court orders to recover items or obtain monetary damages if property was converted.
• The representative must prepare an inventory and appraisal of estate assets as required by the Probate Code — consult the Probate Code and local court rules for timing and form requirements: California Probate Code.

When to get a lawyer

Consider hiring a probate attorney if any of the following apply:

• Family members refuse to follow a written request and continue removing or hiding items.
• High-value assets (cash, jewelry, art) are at risk or already missing.
• You need to file an emergency petition for a temporary or special administrator.
• There are disputes about ownership or multiple people claim the right to act for the estate.

Helpful hints

• Act quickly: documentation and prompt probate filing strengthen your position.
• Keep actions documented and peaceful. Avoid physical confrontations or threats; those can complicate both criminal and civil outcomes.
• If you remove property to secure it, clearly label it, photograph it in place before removal, and store it safely. Record names of witnesses to the removal.
• Use certified mail or email read receipts when sending written requests to family members to create proof of notice.
• Contact local police if a clear theft or trespass occurs; use your photos and communications as evidence.
• When you file for probate, bring the original death certificate, any wills, a list of heirs, and a preliminary inventory of assets to your attorney or the court clerk.
• Be aware there are court forms and deadlines. Check the California Courts self-help page and your local county probate court for forms and local rules: https://www.courts.ca.gov/selfhelp-probate.htm.

Practical example (hypothetical)

Suppose Maria’s father dies. Maria worries her brother will remove jewelry. She takes these steps: (1) photographs every room and jewelry box; (2) changes the locks and hires a locksmith (keeps receipt); (3) emails her brother asking him not to enter or remove items and files the email; (4) calls the sheriff when she sees him entering without permission — the deputy documents a possible trespass; (5) files a probate petition to be appointed administrator and asks the court for an emergency temporary administrator if the brother continues to interfere. These actions create documentation and legal momentum to preserve the estate.

Next steps

1. Secure and document the property now (photos, locks, inventory).
2. Send a written request to relatives asking them not to remove items.
3. If people remove items or trespass, consider police and preserve evidence.
4. File for probate and seek appointment as personal representative or request temporary relief through the probate court. Consult a probate attorney to file emergency motions if necessary.

For forms, procedural guidance, and local court contact information see California Courts — Probate Self-Help: https://www.courts.ca.gov/selfhelp-probate.htm. For criminal statutes on theft and trespass see Penal Code § 484 and § 602: PC § 484, PC § 602.

If you want, I can: (1) provide sample text for a written notice to siblings, (2) outline documents needed to open a probate case in California, or (3) help draft a timeline of actions to preserve evidence — tell me which you prefer.