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A family member passes away without a will he has one minor child his total assets are under 5,000. He has no real property only some personal property do we have to file probate forms and if so can you tell me which ones by their numbers.
10 ANSWERS
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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For bank accounts and other property i n California there is an affidavit procedure to pass property if total value is less than $150,000, which avoids probate altogether.
Answered on Nov 09th, 2012 at 5:08 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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If possession of the personal property is possible without doing anything then you do not need to file for a Probate proceeding. If, however, you cannot acquire possession of an asset such as a bank account in the decedents own name you can file a Petition for a small estate under $15000.00 which is a one page petition and order done with out any notices etc.
Answered on Nov 09th, 2012 at 12:49 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Not knowing what kind of assets your family member has I will say yes, there are forms that can be filled out to avoid a full-blown probate administration. You can check with the probate court. They aren't allowed to give advice but you could ask them for information on a "refusal of letters" or, if there is a surviving spouse a "spousal refusual."
Answered on Nov 09th, 2012 at 6:02 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The short answer is no probate is required.
Answered on Nov 09th, 2012 at 6:00 AM
There are several procedures available for small estates that do not involve probate. One is a small estate petition and the other is an affidavit for transfer under Probate Code section 13101. You should consult a probate attorney to determine what is best for your situation.
Answered on Nov 09th, 2012 at 5:58 AM
William H. Von Willer
No, probate is not necessary. You may have to do a small estate affidavit, but that is probably all.
Answered on Nov 09th, 2012 at 5:52 AM
Thomas Edward Gates
Assuming you live in Washington state, because the estate is below $100,000, you do not have to probate the estate since there also is no real property. To transfer assets you will do so by affidavit. The minor cannot have any of personal property until 18 years old.
Answered on Nov 09th, 2012 at 5:41 AM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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The estate qualifies for the "small estate" procedure, which is a simplified version of the probate process. You may go to the Register of Wills with a death certificate, and they can assist you in completing the required forms.
Answered on Nov 09th, 2012 at 5:37 AM
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In Nevada you would complete a small estate affidavit.
Answered on Nov 09th, 2012 at 5:30 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Probate should not be necessary. What you need to file depends on the nature of the assets. If there are assets that have TITLE, these would need to be handled by small estate affidavit, most likely. That would be PC598. Personal items do not need to have title transferred because they do not HAVE title. Please let me know if you have other questions or if I can be of assistance.
Answered on Nov 09th, 2012 at 5:30 AM