Legal Question in Wills and Trusts in California
roth ira executor
my father passed away the left a Roth Ira with no beneficiary. I am the executor of his Living Trust but am told someone must be appointed executor of this Roth Ira. Is there a form (heirship) I can use to keep this as simple as possible? Can I just go to the court house and file on my own? Thank-you
1 Answer from Attorneys
Re: roth ira executor
The amount in the IRA will determine how complex this is. If it (and other property in the estate with no beneficiary named) is less than $100,000, then you can complete an affidavit under the provisions of Probate Code sections 13100 and following, and return it to the "custodian" of the Roth IRA.
If the IRA and other estate items total over $100,000, you will need to file probate. You can do this yourself, and there are books to help you, but it's a difficult area of law for the novice, so I'd recommend hiring a probate attorney to do this for you.
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