Legal Question in Wills and Trusts in California

My uncle died intestate in CA and left one account that is over 100K. My father is his only heir. How do I simplify the probate process. I would like to try to do this on our own since we do not have a lot of money for an attorney. I live in MA and my father lives in FL. My father has granted me to be his personal representative with matters relating to my uncle's assets / estate.

Can I do this through the mail, and can I be appointed administrator due to the fact that I live in another state


Asked on 8/14/09, 2:05 pm

2 Answers from Attorneys

You can do probate through the mail and you can do it yourself. However, it will be quicker if you hire a good probate attorney. I encourage you to consider hiring an attorney. I am a certified specialist in probate law who performs probates throughout California. All Court "appearances" are by Court Call so I do not have to actually travel to the Court. You will not find a more efficient attorney than me! I have been doing this for 15 years. My firm has been here for 30 years! -John

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Answered on 8/14/09, 2:14 pm
Scott Linden Scott H. Linden, Esq.

Unfortunately, the threshhold amount in California is $100,000 so there is no way to avoid Probate, unless your Uncle had a trust set up, note that a will is not enough to avoid Probate. You can learn a little more about the Probate process on one of our firm's sites located at No-Probate.com.

As attorney Palley stated, you CAN do this yourself, but Probate is a difficult and complex area of law that is best left to specialists, such as his firm and ours.

On a good note, the fees for Probate are paid by the estate at the end of the Probate process.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

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Answered on 8/14/09, 3:38 pm


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