Are we supposed to file my mother’s Will with the county probate court if there will be no probate?

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Are we supposed to file my mother’s Will with the county probate court if there will be no probate?

She has a pour over Will and a revocable (living) trust; all assets are held in the trust.

Asked on November 19, 2011 under Estate Planning, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Sorry to hear about your mother.

If there isn't any probate, there is nothing to file with the probate court.  One of the advantages of a living trust is that it avoids the delays and costs associated with probate.

If you didn't have the living trust and only had the Will, if the estate is small, there wouldn't be any probate.  The minimum amount of an estate which requires probate varies from state to state.  If an estate's value is below that minimum, no probate is required.

 


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