Legal Question in Wills and Trusts in California

What is a ''Mini Probate''

My unmarried mother-in-law passed away as well as her son (my hisband). She is only survived by 3 grandchildren (my children). She has a bank account worth over $200,000 and no other assets or property. I have spoke to many people who seem to have different opinions. I have been told to do a mini probate; I have been told I cannot do a mini probate. What exactly is a mini probate and would my situation allow for it? Thank you for any help you can give.


Asked on 1/27/05, 7:29 pm

3 Answers from Attorneys

Re: What is a ''Mini Probate''

Assuming the decedent died as a resident of California and a bank account with $200,000 you can NOT do a "mini probate." A mini (Probate Code 13100, et seq) can be different procedures but all of them require some number less than $100,000 in assets. A bank account of $200,000 would be a FULL PROBATE. I recommend you hire a probate attorney who works in the county where they died. The quicker you start the quicker you can finish! I do probates all over California but primarily Sacramento and the surrounding counties. Best of luck to you.

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Answered on 1/28/05, 9:16 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: What is a ''Mini Probate''

There is no such thing as a "mini probate". If the estate is less than $100,000 there are ways to transfer assets without probate.

The next thing to consider is, who passed away first? Mother-in-law or your husband (her son). Also, was there a beneficiary named on the bank account or accounts? Was the bank account jointly held with anyone?

Call my office on Monday (I woun't be in the office tomorrow) or email me directly with the facts over the weekend.

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Answered on 1/27/05, 7:51 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: What is a ''Mini Probate''

The "mini-probate" may refer to procedures available for transfers between spouses or real estate worth less than $100,000--they're essentially probate court petitions that take less time/money than a full probate.

In your case, it sounds like probate would be needed, though, unless the accounts had beneficiaries named or were held jointly. Also, if your husband passed away after his mother, a separate probate may be required for him.

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Answered on 1/27/05, 8:50 pm


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