Legal Question in Wills and Trusts in California

is probate really necessary

My mother passed away 4 years ago and the only reason we need to possibly probate is to place the property (valued at $200,00.) in our names, brother and two sisters,is there some way to do this without going through probate. There are and were no debts and my sister and I have been maintaining the property. Also, the Will is not valid due to the fact my brother, named executor, signed as a witness, would affidavit of heirship work in this situation-please help guide me in which way to go, money is a real issue and I am doing it myself-I do have the probate papers prepared but feel it is a waste of everyone's time, especially the court, to go through all that when all we need is the property to be put in our names.

Thank you, in advance, for any guidance. I have been trying to find out if California has a Statute of Limitations on opening probate, sounds like most states are 4 years but I have not been successful in finding out the limit in California.


Asked on 5/27/07, 5:00 pm

2 Answers from Attorneys
Kai Wessels Kai H. Wessels

Re: is probate really necessary

If there is decedent's real property worth $200,000 that is not held in joint tenancy, there is no way to avoid probate (I am assuming that no trust exists). I am also not as quick as you to claim that the will is not valid (probate is necessary in either case).

I strongly advise you to go to an attorney to get this taken care of.

If you need assistance, please do not hesitate to contact me.

Sincerely,

Kai H. Wessels, Esq.

(tel. 877-Wessels)

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Answered on 5/27/07, 7:23 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: is probate really necessary

probate is necessary. you should retain an attorney.

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Answered on 5/29/07, 9:17 am


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