Death of a tenant. What exactly does Calif. law state that a storage facility need from executor.

dperry

What exactly by California law does a storage facility need in order for an executor to access a deceased tenants unit? The death certificate and what else?
We have an executer (or claims to be the executor with a copy of a will) wanting to access the unit. We have told her that her lawyer needs a signed court order  thereby meeting the burden of proof that she is in fact the executor.
She is arguing her lawyer tells her that that is not true.
The rent has not been paid and executor claims there is no money to pay the rent. Unit is about to go into pre-lien.
Any advice for you all?

MamaDuke7

1.  It must be at least 40 days from the date of death.
2.  They must have documentation from probate or the living trust stating that they are the ones legally allowed access.  If there is no probate or living trust, they must complete this form and have it notarized. https://www4.courts.ca.gov/documents/Affidavit_personal_property.pdf
3.  They must provide a certified copy of the death certificate.
4.  If the unit isn't paid, NO ONE has access, and they can buy it at auction if they want it!

If they claim to have an attorney telling them this isn't true - they don't have an attorney!  Otherwise, the attorney could provide the documentation they need.

dperry

Thank you.