Legal Question in Wills and Trusts in California
Filing Will to court
How long after a death does the will have to be filed with the court. All of the assets were only in bank accounts amounting to less than $70,000. I understand joint tenancy is the case. I was told I would have to file/lodge. What does that mean?
3 Answers from Attorneys
Re: Filing Will to court
If all the assets are in joint accounts, the joint account holder can withdraw the assetss. Check with the institution regarding their rules. Are there any other heirs at law, meaning people who would share in the inheritance under the intestacy laws? If not, the will may not need to be probated at all. If a probate is otherwise required, a simplified procedure may well be all that is necessary.
Re: Filing Will to court
This estate need not go to probate. You may obtain the assets by obtaining a certified death certificate and declaration. I can draft the declaration for a nominal fee. Contact me directly for assistance.
Re: Filing Will to court
the answer to your question is 30 days.
under the rule of joint tenancy, the survivor is presumed to be the interest holder. that presumption can be rebutted.
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