Legal Question in Wills and Trusts in California
need for probate
My brother died without a will in California. His assets include a mobile home (50K), two vehicles, and about $250K in cash, CD's and stock. My father is the heir and he and all of the siblings agree on how to divide the assets. Do we have to go to probate or can we just take care of selling and dividing everything ourselves? Thanks, Ellen
4 Answers from Attorneys
Re: need for probate
Unfortunately, your family will have to go through Probate. The fees (for attorney) and (executor) are set by law based on the value of the estate.
Re: need for probate
When the estate is over $100K, the estate must go through the probate system. If he had named beneficiaries in the bank accounts, they may not be included in the value of the estate, and would pass directly to the named beneficiary. If that is the case, and the balance of the estate is less than $100K, you may be able to transfer title under small estate rules.
Re: need for probate
Based on the facts you supplied a probate is necessary. The key with probate is to get it filed as the sooner you start the sooner you finish! I pride myself on efficiency with probates and complete 90% of them within 7 months. I will perform 50 probate estates this year so am well qualified to handle your California probate needs in any California county. Please contact me if I can help you.
Re: need for probate
I am sorry to hear of your loss. The estate does not qualify for distribution by other means. Call me directly at 6192223504.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
