Legal Question in Wills and Trusts in California

Re: California law regarding Wills

In short, yes.

Re: California law regarding Wills

Based upon the sketchy facts you gave I'd say yes, unless some of the assets were held in Joint Tenancy or in POD accounts.

Re: California law regarding Wills

It depends on the nature of the assets your father owned at his death and the value of his assets.

Probate only involves assets that were not owned by him in some manner that made a testamentary type of disposition, usually assets owned in joint tenacy with other persons who survived him or assets in which he designated someone else as a beneficiary upon his death, such as a pay on death account at a bank or a beneficiary designation on a retirement type account or life insurance policy.

Total the value of the assets held in his name that do not fit into any of these categories. If the total of those assets is less than $100,000, then a simplified probate court procedure can be accomplished by all heirs signing a petition that is filed with the Court and the Court will then make an order transferring those assets to the heirs. All heirs have to sign the petition and the Probate Referee for the County where your father lived has to appraise real estate. This is not a full probate procedure and can usually be done in 60 days from start to finish.

On the other hand, if the total value of those assets is in excess of $100,000, then your only alternative is to go through the probate process.