Legal Question in Wills and Trusts in California
settling estate without probate
my mother has been dead over a year and her estate has never been settled. She died intestate, leaving my father and 6 adult children. My father needs to get this in order. Is there a way to settle without probate? There is some a rental house probably worth over $100,000. Their main residence is already in my dads name.
3 Answers from Attorneys
Re: settling estate without probate
Whether probate is required depends on how the rental property is titled. If joint tenancy, no probate. If community property, simple court procedure. If something else, it may require a simple court procedure (if your mother's interest is worth less than $100,000) or a full probate (if your mother's interest is worth more than $100,000).
A "probate referee" approved by the court will determine the value of your mother's interest.
Re: settling estate without probate
If her estate is under $100,000 then there can be a simple procedure. If over that amount a probate estate will be necessary. Remember, if its community property only one half has to exceed $100,000 and there can be a community property set aside procedure for your father.
Re: settling estate without probate
The estate needs to be probated. There was one estate that I probated in which I discovered $ 150,000.00 of assets that the executor in pro per did not realised belonged to the estate because of his lack of understanding of the law. Attorney's fees are strictly regulated by law. Please call me directly at (619) 222-3504.
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.
