Legal Question in Wills and Trusts in California
how much does the state take from an estate when there was no will
3 Answers from Attorneys
Estate taxes do not depend upon whether a Will exists or not. The only factors are what the slize of the assets are at the time of death and a separte tax on any money earned by the assets from the date of death to when the assets are distributed to the heirs. The dollar value of the assets that are excluded from estate taxes varies as to what the year of death is.
Nothing because there is no will. There is an estate tax, but the exemption is $3 million, so there is no tax until the assets exceed that amount.
I'm sorry for your loss.
The State generally is not going to be "taking" any portion of a decedent's estate, whether there was a will or no will.
There are several different fees associated with probate, if one if necessary, which will depend upon the size of the estate (how much and the type of property that the decedent owned).
You should contact a local attorney to discuss your options.
You can email me if you like. My office is in Westlake Village.
Caleb