Legal Question in Wills and Trusts in California

Re: Probate California

A will stating that no probate is required is immaterial. If the decedent owned real estate or had assets valued over $100,000, then it is likely that probate will be necessary. This last statement also has exceptions to it, including property held in joint tenancy, property having beneficiary designations, and the existence of a trust.

Please let me know if I can be of assistance. In any event you need to consult with an attorney as the probate determination can only be made after review of the estate planning documents and the evaluation of decedent�s assets.

Sincerely,

Kai H. Wessels, Esq.

(toll free: 877-Wessels)

Re: Probate California

If the estate is of the size requiring a probate (generally $100,000 is the threshold) then a probate is required. A will just provides who will get the property after probate. I would encourage you to hire an experienced probate attorney as a good attorney makes the probate process pretty easy. I am extremely efficient with the probate process as I do a lot of them each year throughout California. If the county is outside of my area I can appear by CourtCall without driving to a far away Courthouse. I am a certified specialist in probate and estate planning law as determined by the state Bar of California Legal Board of Specialization. I also am the Sacramento Bee's probate and estate planning "expert." Please call me so we can discuss your case. -John

Re: Probate California

if the gross assets subject to probate exceed $100,000 or if there is real property with a value exceeding $20,000, probate is required regardless of which the will states. this is one of the reasons that revocable trusts are recommended - to avoid probate.

Re: Probate California

Whether a probate is required with a valid Will is generally dependent upon:

- how title to the assets is held

- who is the beneficiary (spouse or third parties, trusts et al)

- value of the assets

If a Will says a probate is not necessary - that is generally irrelevant.

I would look forward to assisting you in determining your needs/plan of procedure - these are the types of matters that I have addressed every day for the last 20+ years. My best,

Chris Arvin, Esq.