Legal Question in Wills and Trusts in California

Recording Will

If a person passes and has an old will but not much in

the way of assets where and when do you record the

will if you d


Asked on 3/05/02, 10:27 pm

2 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Recording Will

If the deceased's estate is worth less than $100,000.00 with no piece of real property in it worth more than $20,000.00 the estate does not have to be probated. If a probate is necessary then retain an attorney, and he/she will file the Petition for Probate, and deposit the Will with the probate court at that time. If there is no requirement to probate the estate. Then distribute the money, etc. in accordance with the Will after paying the deceased's bills and filing the deceased's last income tax return.

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Answered on 3/06/02, 7:54 am

Re: Recording Will

If the assets are below $100,000 and does not include real estate you will not need to do a full probate. In that case, most people do not worry about filing the will. However, there is no reason not to file the will at the probate court and it usually does not cost anything. I would get a few certified copies from the court (usually $6 each). Good luck.

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Answered on 3/06/02, 12:05 pm


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