Legal Question in Wills and Trusts in California

Re: probate on part owner of property 1/3

it will have to be probated unles the share is worth less than $100000

Re: probate on part owner of property 1/3

It can be done by affidavit if the property share is worth less than $20,000. If worth between 20,000 and 100,000, then you need a probate court order. If the share is worth more than 100,000, then you need the full probate.

In all cases, you need an appraisal by a probate referee, so see an attorney about starting the process so you won't hold up the refinancing further.

Re: probate on part owner of property 1/3

I intend to suppliment the previous answers. If the 1/3 share is worth more than $20,000.00 then you need some involvement in probating the property. However, ultimately it depends on how the title was held. If the title was 'tenants in common' then the above answer is correct. If the proerty was held in 'joint tenants.' Then the property goes to the other survivors on the deed through the deed. And probate isn't necessary, nor if the deceased's estate was probated the property would not be involved. So to correctly answer your question. We (attorneys) would need to know how title was held, and an approximate value of the 1/3 share. There is no one at the court that will check to see about the value of the 1/3 share. So if everyone aggress as to the value of the 1/3 share being less than $20,000.00. You may be able to avoid probate involvement. However the heirs of the deceased may be skeptical about this process and feel better with the probate involvement. Again how title is held is important.

Re: probate on part owner of property 1/3

It depends on the value of the 1/3 interest. If under $100k in California, no probate is needed.