Legal Question in Wills and Trusts in California

Re: Probate a will ?

Regardless of the state of the decedent's residency, a Will must be probated, subject to 1 exception discussed below. The person named as executor or personal representative takes the original document (witnesses may be needed also, unless the will was self-proving) to the surrogate's office in the county of the decedent's residence and procede as a probate (the personnel will help the executor complete the necessary forms and explain what is required. The only exception to the need for probate is if all assets are either jointly registered with someone (like houses, bank accounts, stocks, etc.) or consist of assets that have independent beneficiary designations (such as life insurance, retirement plans, etc.). These assets pass outside the will and independent of it. But, if any assets were solely registered in the name of the decedent, probate of the will in necessary so someone can be appointed to deal with those assets.

Re: Probate a will ?

Yes, a will must be probated.

No, it is not a valid will if there is no signature and 2 witnesses in California.

A petition to probate the estate (since there does not appear to be a valid will) must be filed in Superior Court, either where the person resided at the time of death, or where that person owned property.

Attorney fees for Probate are set by statute, and are paid from the estate. Since there is no will, and therefore no named executor, someone will need to be the administrator of the estate. There are rules as to who can do that.

Let me know if you would like some help.

925-924-0100

Re: Probate a will ?

Wills require probate in California if the assets passing under them are worth more than $100,000.

If the will wasn't signed, it probably isn't valid, which would mean the previous will (if any) would control, and if no will, then the laws of intestate succession would control.

The person starting probate would be the nominated executor in the will (if valid) or one of the heirs under intestate laws if there is no valid will.

Re: Probate a will ?

A personal representative probates a will. If a will is unsigned the estate is distrubuted per statute to closest relatives first. Please call me directly at (619) 222-3504 if you wish to be appointed personal representative.