Legal Question in Wills and Trusts in California

House sale, no will

My mother recently died with no will. We understand that if her house sells for under $60K, we can petition to keep it out of probate. My questions are:

1) What forms are needed/how do I go about filing the petition?

2) Does the $60k apply to the house or the house sale + any life insurance (or something else)?


Asked on 4/10/04, 1:44 am

1 Answer from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: House sale, no will

The limit in California has been raised to $100,000. If it's worth more than $20,000, it will require a court filing, but no probate, and an appraisal from a probate referee (their names are available at the county courthouse). The forms should be available at the court too, but you may want to see a lawyer about them--probate court can be confusing.

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Answered on 4/12/04, 12:18 pm


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