Skip to main content

What to do with remaining assets. Probate ended 12 years ago.

Cupertino, CA |

There are less than $2,500 of assets remaining my mother's name. Probate ended 12 years ago and unfortunately, there were a couple of assets that didn't make it into probate that were in her name. Do we need to open probate again? Is it worth it? What are some options to divest the funds?

Thanks for your answers and questions. There are some stocks that are only a few shares, so they are worth less than $500 and some money in a bank account where I am a co-administrator. I was told I can't distribute the monies unless I have the right paperwork. So I am trying to figure how to distribute these remaining assets.

Attorney Answers 4


  1. Best answer

    If the order for final distribution contained a clause that says something to the effect of "any after-discovered property shall be distributed to the beneficiaries in the same proportions as stated herein", then you should be able to show the bank a certified copy of the order and have them distribute the assets to you.

    You might also be able to use a small estate affidavit.

    Given that the filing fees and publication fees to reinitiate a probate would be well over $600, it probably would not be cost effective to re-open the probate.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


  2. Under California Probate Code Section 13100, you should be able to get at those funds without opening a probate. Click on this link which may be helpful: http://www.californiaprobatelawyerblog.com/2008/03/avoid_probate_in_california_1.html

    http://www.los-angeles-lawyers.biz/lawyer-attorney-1177690.html


  3. Agree with attorney Port, but I'm wondering what type of assets are we talking about? Money? Stocks? A bicycle? The nature of the assets will, in part, determine the options available.

    This is not legal advice. I am not your lawyer. You are not my client. You cannot rely on my response to your question. My response to your question is probably worth exactly what you paid for it. You don't get to sue me for anything. If you'd like to sue me, well you have to hire me first. Here's how you can hire me! #1 Call: 1-888-463-2843 #2 Email: david@davidcarrierlaw.com #3 See me on TV! www.woodtv.com - go to the Ask the Expert tab! #4 Listen to my radio show (2 full hours every week!) www.woodradio.com - go to the podcast section.


  4. You should be able to administer the remainder of the estate through a Small Estate Affidavit. Once you get it approved by the Court, there shouldn't be a problem getting compliance from the financial institutions. Also, I would look at the final probate notes, as there may be some instructions as to what to do in the event of assets left out of the estate during the probate administration

    I am an attorney, but not your attorney. I hope you use this information for its intended educational purpose. Any and all answer provided should be checked with a local attorney

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics