Legal Question in Wills and Trusts in California

very small estate intestate distribution

My father died intestate, leaving behind a wife and 4 adult children. He had no real property in California and virtually no other property; most of what he did own was jointly owned, either with his wife or with other family members (e.g., bank accounts, cars). His debts were minimal ($2,000 on credit card accounts that he shared with my mother) and we don�t expect any other creditors or beneficiaries to crawl out of the woodwork. Very little, if any, of his estate would be subject to probate and whatever there is, it�s well under $100,000 (probably less than $10,000). The kids are all happy to have our mother take everything. I have looked through the California Probate Code, but it is not clear to me what steps MUST be taken and what steps MAY be taken with respect to formal legal procedures. Do we have to file the death certificate or other documents with the court? Do we have to start a formal court proceeding even if we do not wish anything to pass through probate or to appoint a personal representative? If so, where can I locate the forms? Do we have to wait a certain period of time before transferring joint accounts to surviving owners?


Asked on 5/15/03, 3:32 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: very small estate intestate distribution

Joint assets pass by operation of law, outside probate. Probate is actually only needed for assets solely in decdent's name. If entire estate is less than $1MM (joint and individual), no taxes should be due. If there are individual assets they can only be handled by an estate represenative. Since there is no Will, widow is eligible to be appointed as administrator (probate where there is no Will). This is done in county where decedent resided at time of death. Costs are usually determined by size of probate estate. Children can usually disclaim their share of estate by written document in favor of mother. Check for forms with probate court.

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Answered on 5/15/03, 4:05 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: very small estate intestate distribution

My condolences on the loss of your father. My respect for the gracious attitude evidenced by you and your siblings. Joint assets become the sole property of the surviving person automatically. No procedure is required. Technically, this is not legally a part of the estate. As to the property that was in his name alone, in the absence of another party/person claiming an interest, it can be taken by a person with no legal consequences. With an estate of this size and no conflict among the potential heirs, just live your lives. You are welcome to a consultation at no charge at my offices at 42 west 44th st, ny,ny. Please call first for an appointment 646-591-5786.

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Answered on 5/15/03, 5:31 pm


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