Legal Question in Wills and Trusts in California

Avoiding Intestate probate

A family member died last year and left no will. The only real property that exists is his home. There are 4 surviving children and 3 children of a predeceased child (grandkids). If all parties involved are in agreement on what to do with the home, is a full probate necessary? The value of the home does exceed $100,000. Is there a form that can be filed stating this agreement between all involved heirs?


Asked on 11/14/04, 4:28 pm

3 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Avoiding Intestate probate

Sorry ... you are forgetting about potential creditors. Probate is the ONLY way that you will be able to change the title.

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Answered on 11/16/04, 8:11 pm
Scott Linden Scott H. Linden, Esq.

Re: Avoiding Intestate probate

I am very sorry to hear of your family member's passing. unfortunately, Attorney Koenen is correct. The only means of transferring title will be through Probate.

If you would like assistance in beginning the Probate process, please feel free to contact me for a free initial consultation at 626-578-0708. You can also learn a lttle more about the process on my firm's web site at www.No-Probate.com. I can also be reached directly through the site.

Take Care,

Scott Linden

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Answered on 11/16/04, 8:27 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Avoiding Intestate probate

Unfortunately, the law does not allow you to skip the probate process to transfer title. The probate may be simpler than one with many assets, but it still requires all the formal probate steps.

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Answered on 11/16/04, 8:31 pm


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