Legal Question in Wills and Trusts in California

Do all simple wills go through probate in San Bernardino CA? If so, how long does this process usually take?


Asked on 10/31/09, 11:45 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

No. Many people leave only small estates which don't need to be probated. There are procedures in the CA Probate Code for marshalling the decedent's small estate assets after a period has passed. They then can be distributed without opening probate.

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Answered on 11/06/09, 4:58 am

Probate takes 7 months minimum assuming a full probate is required. As the other attorney mentioned there are other procedures if it's a small estate; some in probate Court and some not. I am a certified specialist in probate law and perform probates throughout the state. Call me if you want to discuss your case in more detail.

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Answered on 11/06/09, 9:49 am
Scott Linden Scott H. Linden, Esq.

To complete what you have not been told...if the gross value of the estate is over $100,000 then you will need to start a Probate. Usually this means that if there is ANY real property involved then there usually will be a Probate requirement. The best alternative would be if there was a trust created. Trusts do not require Probate because once the creator passes away, the successor trustee takes over and there is nothing left in the decedent's estate to Probate (it is all owned by the trust itself).

If you would like som additional assistance, please feel free to contact me through LawGuru or through y website at PasadenaEstatePlanning.com

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Answered on 11/06/09, 2:10 pm


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