Legal Question in Wills and Trusts in California
probate without a will
Do you need probate to sell a home without a will when there are four siblings as next of kin?
4 Answers from Attorneys
Re: probate without a will
If the estate is less than $ 100K then no. Call me directly at (619) 222-3504.
Re: probate without a will
Yes, unless the home is in a probate avoidance device such as joint tenancy or a trust.
Re: probate without a will
You will need to go through probate (even if you had a will).
Re: probate without a will
What will determine your answer is the title of the property. If it is held as joint tenants, then it transfers automatically upon the passing of a joint tenant. If, however, the real property was held exclusively in the decedent's name, then Probate will be necessary.
Unfortunately, as many people learn too late, A WILL DOES NOT AVOID PROBATE. This is a misconception that is a real problem for many people. They believe they are protected, when, infact, they really are not.
If you want to learn a bit more about the Probate process as well as why a trust is better than a will, please feel free to visit our firm's web site at www.No-Probate.com.
If you need assistance with opening a Probate, please feel free to contact me through that site.
Regards,
Scott Linden
SCHOFIELD & GROSSMAN
http://www.No-Probate.com