My father passed away. He left a will and assigned my brother as the executor of the Will. The estate is over 300,000.00.

Asked almost 2 years ago - Van Nuys, CA

Does this Will need to be submitted through probate court ? I read California Probate Code 7620 , but I am not sure I understand what it implies . Please let me know if there is a Probate Code that specifies that a Will must go through probate Court depending on the amount of the Estate . Thank You

Attorney answers (3)

  1. Michael Raymond Daymude

    Contributor Level 20

    5

    Lawyers agree

    Answered . The numbers have changed but the question remains the same. You should consult counsel. If there is a Will and that is the mechanism for distribution of the estate then yes, the Will must be probated unless there is some other way to clear title to the decedent's property.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Duplicate question-same answer.
    You should really have an attorney interview-
    no one can really answer your question without
    an inventory os assets and onformation on how they are titled.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  3. James P. Frederick

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree with my colleagues. I would simply add that, if there is a Will, it needs to be filed with the probate court, whether a probate estate is opened or not. Whether an estate needs to be opened depends on the nature of and the value of the assets. If there is a trust and there is evidence that the assets should have been included in the trust but were mistakenly not, you may be able to file a Heggstad Petition. Estates of less than $150,000 can pass under small estate proceedings, as well. That would not appear to apply in your situation.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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