I am the executor of a family member's will who has just passed away. She had less than $100,000 of personal prop (CA). Do I need to file any forms?

Question Details: If she had less than $100,000 in personal property in the state of Calfornia, does a form still need to be filed with the state? I am the co signer on her bank accounts so her money is still available to me. Her will specifies just myself and another family member as her beneficiaries. Can you provide me with a link to check out what I need to do to comply with state needs. If I don't file anything, how will the state communicate with me/her estate about what needs to be done?

Asked 9/29/2009 under Wills, Trusts, Probate | 168 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

Most states have a summary procedure whereby probate is avoided if the value of the assets is less than a certain value, or if the only heir or beneficiary is a spouse. 

In California, if your assets amount to less than $100,000, probate can be avoided entirely. Property held in joint tenancy or with a beneficiary designation is not counted toward this $100,000.  Also, no more than $10,000 of this $100,000 can be held in real estate.  

Here's are links to sites that I think you will find to be of help: 

http://www.lasuperiorcourt.org/probate/pdf/TransferForm.pdf (it references LA County but the procedure is the same statewide)

http://www.scselfservice.org/probate/prop/substitutes.htm

Robert Spitz / Law Offices of Robert J. Spitz Answered 2 years ago | Contributor

I suggest that you obtain further legal advice with regard to which of these assets must be shared with the other relative and which assets might be considered legally yours.    There are some complex issues here that need to be discussed with an attorney who can review the documents relating to ownership of these assets.

You can call my office for further legal assistance.

Robert Spitz

909 395 0909

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