Legal Question in Wills and Trusts in California

Re: Need to probate will, or not?

The original will has to be filed with the Clerk of the Superior Court in the County in which your mother lived at the time of her death. This must be done within 30 dfays after death.

Filing the will is not the start of the probate process and merely make sthe will a public record.

If all of the heirs under the will, including any survivors of deceased heirs, agree, preferably in writing, on the distribution of the estate and you are confident that all bills and taxes have been paid then there is no need to involve the court in a probate court proceeding. Simply have the funds withdrawn from the bank accounts by the cosigners on the accounts and distribute the funds as provided in the will. Be sure that your mother's final income tax return is filed and the tax paid. Also be sure that any income earned in the year of her death or since her death is accounted for and the income taxes paid.

If you have any other questions, Email me.

Re: Need to probate will, or not?

The will must be filed with the county court within 30 days of someone's death. Beyond that, some assets require probate, and some do not. In your case, a couple of exceptions may apply: if the accounts were joint accounts, the remaining joint tenant(s) can withdraw the money in the accounts; or if the total value of the property in your mother's estate is less than $100,000.00, the beneficiaries can sign affidavits to transfer the estate assets into their names (the beneficiaries still have an obligation to pay any debts of the estate, including taxes, up to the value of the estate).

It would probably be helpful to spend an hour with a probate attorney to see what is needed in this case.

Re: Need to probate will, or not?

Yes all wills must be probated. You would be relieved of a lot of anxiety if you obtained an attorney rather than trying to go through the process yourself. Attorney fees are regulated by law. Please call me directly at (619) 222-3504.