Legal Question in Wills and Trusts in California

Re: Petition for probate

The key issue BEFORE filing with the Court is to look at the assets. If total assets are less than $100,000 you may be able to avoid going to Court at all. If more than $100,000 I strongly encourage you to talk to a probate attorney who does a lot of probate Court work. We make things much easier for the Administrator and much quicker for everybody. Yes, attorneys cost money but I like to think we save money in the long run as we make sure to do everything right the first time which avoids unnecessary delays. Plus, we can point out a lot of problems that can catch Administrators who don't have an attorney and can cost them a lot of money in the long run. At least contact a probate attorney before you file. If you call me, and mention you saw this post, I will gladly do a free consultation. I think you will be shocked by how much can be involved in a probate and how much an attorney can help you. Good luck.

Re: Petition for probate

If the estate is below $100,000, you usually need not probate the estate. If the amount is higher than that, the estate needs to be probated under most circumstances. While you can do it yourself, the process goes easier and faster if you retain counsel. I recommend you retain counsel in the county where you reside or where you will have to probate the estate -- usually where the decedent lived.

If I can be of assistance, please do not hesitate to contact me.

Sincerely,

Kai H. Wessels, Esq.

(tel.: 877-Wessels)

Re: Petition for probate

O.K. You can try to do this yourself and I would suggest you look at your local court's website under the probate setion for guidance on what you need to do. You might also want to purchase commercial books on Probate to familiarize yourself with the process.

Or, you can hire an attorney to get you appointed administrator and represent you throughout the process.

If the estate is under $100,000, it can be administered outside of Probate.

Good Luck.