Legal Question in Wills and Trusts in California
transferring to heirs
If someone dies and has no will or living trust what dose happen to the real property( home, bank accounts) and whether or not It will have to go throgh probate. The individual who has died has a child as heirs. What can he do to easily take over the asset and what is exempt under law. I appreciate any help you as soon as possible.
Thank you
3 Answers from Attorneys
Re: transferring to heirs
When there is real property or personal property in excesss of $100,000 the estate must go through probate.
Without a will, the property goes by intestate succession according to the laws of California.
Fees are set by California statute and are paid at the conclusion of the probate.
If you would like a free initial consultation, please telephone me. I have over twenty-five years experience in probate adminstration.
Good luck and thank you for your inquiry.
Re: transferring to heirs
Whether a probate is required will depend upon the monetary value of their estate as well as whether there is any real property in their estate.
With no will the property passes through a system called "intestate succession" where the property goes to those family members in the order that most people want, i.e., spouse, then children, parents, siblings, etc.
I suggest you consult with an attorney about this.
Re: transferring to heirs
Simply stated, it must go through probate.
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