Legal Question in Wills and Trusts in California

The exact answer will depend on the state in which the relative was a resident of when he or she died and upon the amount of the probate estate. Very roughly, the probate estate excludes property held in joint tenancy, payable on death accounts, joint accounts, and usually life insurance and IRA proceeds. In order for the will to get acted upon someone has to initiate a probate proceeding or hire a lawyer to do so. Many wills are never acted on because all of the property passed outside of probate. Typically, in a probate proceeding the people notified are anyone listed in the will plus what are known as the intestate heirs which are those people who would inherit if there was no will. Many relatives are not intestate heirs. Typically, the larger the estate the more carefully the Probate Court scrutinizes whether people who were supposed to get notice are said to have gotten notice.