Legal Question in Wills and Trusts in California
probate necessary or not /real estate
married man died ,had real estate but his wife at death was not on title and had no will . he had two living sisters at time of death .
is probate necessary ?
2 Answers from Attorneys
Re: probate necessary or not /real estate
Probate is necessary--if the property is separate property and worth more than $100,000, the sisters are entitled to 1/2 of it, with the other half to the surviving spouse. If the property is community property, it belongs to the surviving spouse, but a spousal property petition would likely be needed to confirm title to the surviving spouse.
Re: probate necessary or not /real estate
Weather a probate is necessary will depend on the value of the assets in the estate. If they exceed $100,000 a probate is necessary. If they are less, then a more limited and faster procedure is available.
I would be happy to make this evaluation for you. Please give me a call if you are interested.
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.
