Legal Question in Wills and Trusts in California

Re: Small Estates

It depends upon whether or not there is a surviving spouse and/or how title is held. If there is no surviving spouse and title to the property in question is held only in the decedent's name, then the estate will have to be probated. http://www.california-probate-attorney.com/

Re: Small Estates

A "small estate" for purposes of avoiding probate is $100,000. An estate in excess of that amount will require probate.

Fel free to contact my office in Pleasanton for help.

Re: Small Estates

yes, although some assets may not be subject to probate. you should retain an attorney to file the petition for probate.

Re: Small Estates

for estate tax purposes probate has nothing to do with it and if this were the gross estate no estate tax would be due, different from income taxes -- probate has to do with the distribution to the heirs or beneficiaries of the estate and that depends on numerous factors. haveing practiced estate planning law for over 30 years in the bay area this probably is not a complicated estate but depends on what it consists of if there is a will and better off a trust and how the assets are held, the title if there is any -- my advice is get an attorney who is expert in estate palnning/porbate and he/she will advise you more accuratlty and correctly