Legal Question in Wills and Trusts in California

The phrasing of your question is a little confusing so let me play back my understanding of the question. The father died testate. You state that the "decedent" never brought his father's will to probate. Based on your question, the decedent is the father and I assume that the grandfather's will was never probated. Further, I assume from your question that the grandfather died leaving real property and the father's will left the grandfather's real property to a beneficiary.

Yes, the grandfather's estate (whether testate or intestate) would have to be probated to transfer the property to the proper beneficiary (which you seem to indicate was the father). Simultaineously, the father's estate could be probated with (if appropriate) listing the grandfather's real property as part of the father's probate estate. No, they could not share the same accounting. Each estate "stands on its own" and the administrator or executor of each estate must account seperately for the court and the beneficiaries.

Without seeing the will or knowing more of the details of the two estates, all I can say is there are a lot of "depends" in any answer based on your question as phrased.

An estate of a decedent consists of what he or she owned at his death. If it is "not titled to the decedent," then it must be "titled" in someone else's name, so he or she doesn't own it. Unless by "titled" in someone else's name you mean that an entity such as an LLC or partnership owns it, and the decedent had an interest in it. Yes, an estate is an entity like a corporation. If your father died with a Will, and the Will leaves a specific property to a specific person, then - unless a small probate exemption applies - a court will have to appoint an executor to effect the transfer. I do not know what you mean by a "2nd estate."

You need to consult with a competent attorney. An e-mail is not an appropriate way to find an answer to the situation you describe. So, depending upon the city in which you live, get a referral from a friend, business acquaintance or the CPA who prepares your tax return.

I think Mr. Weinstein understands your question better than he thinks. Your father never probated your grandfather's estate. Your father then died with a will. In that case you are exactly correct that each estate must be probated on its own. Whether or not anything from your grandfather's estate becomes an asset of your father's estate will depend on your grandfather's will and how it applies at the time he died. There are many twists and turns, as well as tricks and maneuvers that a will can take for tax and/or personal reasons. So depending on when your father died relative to your grandfather, the property may skip your father. Bottom line, you need two probates, and should consult with a local probate attorney to sort out the details.