Legal Question in Wills and Trusts in California

Hello,

My father recently passed away in CA. His estate is under $100,000, what happens with creditors when there is no probate? Also, he has no beneficiary listed on his retirement account. Does this go to probate?

Thank you.


Asked on 10/26/09, 2:29 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

His assets would pay his creditors. Since his retirement account had no beneficiary, the payout would be used to satisfy his debts. If it's more than 45 days since your father's passing, you can send a notarized form to anyone that holds his property (money or personal property) that attaches his death certificate demanding payment to you (or siblings), who are administering his estate. There's language specific to this demand in California Probate Code section 13101. You can find the form at http://www.sco.ca.gov/Files-UPD/ucp_forms_declaration.pdf.

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Answered on 10/31/09, 1:18 pm


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