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.

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1. Licensed in CA

   

   Michael DaymudePro

   Sherman Oaks Probate Attorney

   Contributor Level 20

   

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   Answered February 23, 2013 11:33. 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... moreI am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference less

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2. 

   Joseph PippenPro

   Largo Estate Planning Attorney

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   Answered February 23, 2013 12:12. 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... moreThe answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter. less

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3. 

   James Frederick

   Livonia Probate Attorney

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   Answered February 23, 2013 12:22. 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***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful! less

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