Legal Question in Wills and Trusts in California

Re: 401K account

Did the decedent have property on Minnesota or only in California? This could possibly be a complicated probate matter, feel free to contact me office to discuss.

Re: 401K account

It probably needs to be probated. Where to do the probate depends on where your father was living at the time of his death.

Re: 401K account

Assuming it's less than $100,000 gross estate then you can do a Probate Code 13100 small estate affidavit. I have heard there are forms on-line but I do not know where. If you can't find them we can help. Typical charge is $500 - $1,000 depending on a variety of factors. Good luck.

Re: 401K account

Under California law, if there is no named beneficiary on a qualified account (e.g. 401k), a probate may have to be opened to collect the account, unless the entire estate is valued at less than $100,000. In that event, there may be a much easier method to collect estate assets. If you would like further information, don't hesitate to contact our office at [email protected]

Good luck to you.