QUESTION
If I leave my estate to my wife, does it have to go to probate?
Asked on Oct 27th, 2013 on Estate Planning - California
21 ANSWERS
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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To the extent any particular asset has her name on it as owner or successor owner, no need for probate. Cars can be transferred after death through Secretary of State so long as value less than $60,000. Can also use Trust to avoid Probate.
Answered on Nov 01st, 2013 at 2:43 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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It depends on how you set up your estate planning. If your will leaves everything you have to your wife and you do nothing further, then you may have to go through probate. You need to make sure that each of your assets are either joint with your wife or have her designated as your beneficiary. You should speak to an estate planning attorney to review your situation and make sure that you are set up to avoid probate at your death, if that is your priority. He/she can also give you other options to protect you, your wife, and your assets should you incur issues such as incompetency, incapacity, illness or other issues. I would be happy to discuss your estate planning needs if you would like.
Answered on Oct 30th, 2013 at 6:38 AM
3 Awards
It depends how title is held to the assets. I urge you to speak with an estate palling attorney in your area to assist you.
Answered on Oct 29th, 2013 at 8:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally probate can be avoided.
Answered on Oct 29th, 2013 at 8:08 AM
Edwin K. Niles
There are several ways to avoid probate. Holding property in joint tenancy is one way, although not necessarily recommended. The best way may be a trust. See an estate planning lawyer.
Answered on Oct 28th, 2013 at 6:39 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No, if the estate is titled as joint tenancy or community property, both of which have right of survivorship.
Answered on Oct 28th, 2013 at 6:36 PM
Very likely unless you take action to avoid set up joint accounts or better yet, a living trust.
Answered on Oct 28th, 2013 at 6:35 PM
Probate Attorney serving Saratoga, CA
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Douglass Law Group
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California offers a simplified (and less costly) procedure, a Spousal Property Petition. This allows for property to be distributed to a surviving spouse, if certain requirements are met, You should consult with an attorney to see if this process will work for you.
Answered on Oct 28th, 2013 at 6:35 PM
2 Awards
Generally no, but if you have property in your name alone she may have to work with the courts to get it transferred into her name. I recommend meeting with an estate planning attorney to discuss your wishes.
Answered on Oct 28th, 2013 at 6:34 PM
If you have a will, a probate will be necessary in most states unless its monetary value is under certain amounts. You should have a trust to avoid probate.
Answered on Oct 28th, 2013 at 6:34 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Between spouses, often all the assets are jointly owned with right of survivorship (in the case of real property, as tenants by the entirety). Avoiding probate is not that big a deal in Oregon (don't let California horror stories scare you). But, you can leave everything in survivorship. Make sure that you get everything in joint names (or, with retirement accounts, with your spouse as beneficiary). It's very frustrating, and common, to find one or two small accounts which are not joint, and then there has to be a probate anyway, or small estate affidavit.
Answered on Oct 28th, 2013 at 6:24 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If it is all community property, probably not. There may be an issue with unpaid creditors and passing title to real estate, but if all of your accounts are held jointly or as community property, it should not be a problem. However, having said that, I suggest you still have a Will and appoint her as your personal representative on the off chance something comes up. If you have children from other relationships, you definitely need the Will.
Answered on Oct 28th, 2013 at 6:21 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends on how the assets are titled. If assets are in your name alone, then regardless who you leave them to, probate will be necessary. If the assets are in joint names, then probate will not be necessary upon the death of the first spouse.
Answered on Oct 28th, 2013 at 6:21 PM
If the estate is extremely small or there is nothing beyond minimal personal possessions (clothing, etc.) and there are no significant debts, the estate does not need to go to probate.
Answered on Oct 28th, 2013 at 6:20 PM
Not necessarily. It depends on whether you leave each asset to her via a non-probate mechanism or through your Will. For more information, visit with an attorney specializing in estate planning.
Answered on Oct 28th, 2013 at 6:19 PM
You can do a trust and/or have all the assets in tenants by the entirety.
Answered on Oct 28th, 2013 at 6:18 PM
2 Awards
It depends on what you leave her and how you leave it to her. Probate in Texas is not necessarily a bad thing.
Answered on Oct 28th, 2013 at 6:16 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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Most husbands and wives own everything in joint names. Therefore, upon the first to die, there is no probate estate and nothing goes through probate. The problem with having everything in joint names is when the second spouse dies. In Missouri, to avoid probate, you can have joint accounts, payable on death designations on accounts (P.O.D.), transfer on death on automobiles (T.O.D.) and beneficiary deeds on real estate in order to avoid probate. See an attorney for more details.
Answered on Oct 28th, 2013 at 6:16 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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If your wife's name is on the house, and on all of the financial accounts (banks,brokerage accounts, etc.), nothing will have to be done until after both of you are deceased.
Answered on Oct 28th, 2013 at 6:15 PM
Thomas Edward Gates
It depends upon the size of the estate and whether you own real property. In a community property state, you can draft a community property agreement and that would void probate of the first to die's estate.
Answered on Oct 28th, 2013 at 6:15 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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It may have to go to probate. That depends upon how you leave it to her. If you simply create a Will leaving everything to her, the estate will probably have do go through probate. If you use another estate planning method, such as creating a revocable trust, it may not have to go to probate.
Answered on Oct 28th, 2013 at 5:35 PM