Legal Question in Wills and Trusts in California

Probate Necessary?

My father in law, who is not married, died this past weekend and did not have a will or living trust. He owes 500K on his house that is worth about 250K and started a business with approx 30-40K worth of equipment. If we find that his liabilities far outweigh his assets are we required to file a petition for probate or can we somehow sign off to the state to take over matters? Also, he owns a truck that is registered. I thought I read somewhere that autos are not required to enter probate. Are we able to disperse of his personal effects if everyone agrees?


Asked on 5/30/08, 2:10 am

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Probate Necessary?

You don't have to probate the estate.

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Answered on 5/31/08, 9:36 pm


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