Legal Question in Wills and Trusts in California

Re: First step in appointing personal rep for intestate decedent

Anytime you have over $100,000 in property you need to do a "full" probate. Your first step is filing a petition in the probate court in the county where he died. Although nobody wants to spend the money on a probate attorney you will save a ton of time to have an attorney handle the estate for you. Plus, having a probate attorney will make sure that all liabilities are properly dealth with, taxes paid, etc.... An estate of $170,000 would usually incur a statutory attorneys fee of about $6,000. If the case is really as straightforward as it sounds, I can guarantee the feel will be less than $6,000. In fact, quite often a probate like this can be done for about $3,000 in legal fees since no Court appearances will be required, the final accounting can be waived, etc.... Send me an email ([email protected]) or call me (916-920-5983) if you would like to talk to me. We do probate work in all counties in California. Good luck to you! -John Palley, Attorney

Re: First step in appointing personal rep for intestate decedent

Having read the excellent responses by my two colleages, I would emphasize characterizing the assets first. There's a good chance that the "annuity" has a designated beneficiary (so it transfers without probate) and that the $170,000 can also be reduced significantly by the value of the car and boat (which do not contribute to the $100,000 probate threshold amount). If after doing the above you discover the estate is less than $100,000, formal probate need not be opened, and transfers of assets to the son are through Summary Administration. But even with Summary Administration, your son should hire an attorney to walk him through the process, and ensure the creditors of the decedent don't come knocking later. Good luck!

Re: First step in appointing personal rep for intestate decedent

If the assets are over $100,000 in value, and do not have a beneficiary named (life insurance or retirement accounts, for example), a probate will be required. He can do it himself, but probate rules can be difficult to figure out, so I'd recommend getting an attorney--you'll pay more but be done much sooner and with less frustration.