Legal Question in Wills and Trusts in California
My grandmother just passed away without a will.I was reading online that it might be possible to simplify the process out of court if the estate was worth less than 150,000, which it was. However, she was on medi-cal. Would it still be possible to not have to go through a long probate court process?
2 Answers from Attorneys
Small estates acn be done in CA if less than 100,000 but there must no be anyone that has a superior interest. Since Medi-Cal is involved the Estate Recovery Process for Medi-Cal and the State of California probably has a superior interest and as such you probably need intestacy proceeding and make sure that all procedures including notifying the State is followed..
As a correction, a small estate is considered assets with a gross value of less than $150,000. You may still need to file a document with the court depending on the type of assets. Whoever is the successor-in-interest has a responsibility to notify the Department of Health Care Services of the death so that the recovery process can be started.
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