Legal Question in Wills and Trusts in California

probate without a will

Do you need probate to sell a home without a will when there are four siblings as next of kin?


Asked on 9/09/05, 2:59 pm

4 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: probate without a will

If the estate is less than $ 100K then no. Call me directly at (619) 222-3504.

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Answered on 9/09/05, 7:35 pm
Scott Schomer Schomer Law Group

Re: probate without a will

Yes, unless the home is in a probate avoidance device such as joint tenancy or a trust.

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Answered on 9/09/05, 3:05 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: probate without a will

You will need to go through probate (even if you had a will).

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Answered on 9/09/05, 3:07 pm
Scott Linden Scott H. Linden, Esq.

Re: probate without a will

What will determine your answer is the title of the property. If it is held as joint tenants, then it transfers automatically upon the passing of a joint tenant. If, however, the real property was held exclusively in the decedent's name, then Probate will be necessary.

Unfortunately, as many people learn too late, A WILL DOES NOT AVOID PROBATE. This is a misconception that is a real problem for many people. They believe they are protected, when, infact, they really are not.

If you want to learn a bit more about the Probate process as well as why a trust is better than a will, please feel free to visit our firm's web site at www.No-Probate.com.

If you need assistance with opening a Probate, please feel free to contact me through that site.

Regards,

Scott Linden

SCHOFIELD & GROSSMAN

http://www.No-Probate.com

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Answered on 9/09/05, 3:41 pm


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