Legal Question in Wills and Trusts in California

Re: Intestate Probate

Probate is only needed if the decedent's estate is over $100,000 (not including joint accounts and pay on death accounts with beneficiaries listed). If there is a larger estate you won't be able to get the assets transferred from the name of the decedent to you unless you commit perjury.

Re: Intestate Probate

Not really any penalties because you don't have to file for probate even if you are the sole heir. However, let's say you were a creditor of the person YOU could file the probate. There is a long list of priority, in the probate code, for who should be the Administrator of the estate and the last person on the list is "any other person."

Re: Intestate Probate

Not likely, unless that person was legally appointed as administrator and then did not complete the probate.

Re: Intestate Probate

If you want legal titled to the decedents assets, then you must file if the estate is over $ 100K. Contact me directly.