Legal Question in Wills and Trusts in California
My mother died in October, naming me and my brother as co-executors of her estate. Because I need to get a Letter Testamentary, I need to file a Petition for Probate, even tho her estate is under $25,000. The first question on this form is what newspaper I'm publishing ... something in, I guess it's the notice of my intention to administer the estate. My first question is, will there need to be a hearing in probate court so I can get this letter? If so, do I have to attend? My second question is, can I just publish a death notice in the newspaper, or do I have to pay 100s of dollars to publish a lengthy notice?
3 Answers from Attorneys
Why are Letters Testamentary needed if the value of the estate is less than $25,000? A specifically worded publication is required in a proper newspaper. A hearing is also required and it is likely that you will need to attend the hearing. Consulting with an attorney is advisable.
As Mr. White said, you should not need to file a Petition for Probate at all if your mother was a California resident and the estate is worth less than $100,000. If you do, there is a Judicial Council form specifying the exact wording of the notice required, which must be published in a newspaper of record in the jurisdiction where your mother resided. You'd have to check the local rules of the County Superior Court.
Go to Nolo.com and get a copy of their book on probate. It will save you a lot of trouble and expense. If you still can't figure out what you need to do, then you will need to call a local lawyer.
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