Legal Question in Wills and Trusts in California

Re: no will

Are you asking what you need to do? It depends how much the other assets are worth. If your Father's overall estate is worth 100,000 dollars, then you need to go to probate court in the county of his primary residence. You should probably look at hiring a probate attorney for that. It also depends on how the bank account was held. If the bank account was held with joint ownership and right of survivorship, then your Brother is most likely the legal recipient of the money in the account. If this is the case, then the 65,000 will most likely not be part of the 100,000 dollar probate calculation. I would add that another issue that might drive the estate into probate is if your Father owned real property (such as a house).

Hope this helps.

Re: no will

what's the total gross value of father's estate? if more than $100,000, then you need to open probate.

Re: no will

Someone should file a probate and petition to be appointed personal representative of the estate.