Are we supposed to file my mother’s Will with the county probate court if there will be no probate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.