You should definitely get a probate attorney in the state the decedent resided in to determine what the rules are there. Here in California if the life insurance policy was part of an estate totaling $150k or less than a full probate could be avoided. Otherwise a full probate would be required. The state requires probate above that. The theory is not so much about who gets the assets but to make sure there are no liabilities that go unpaid the states wants the money going through the probate Court. Again, hire an attorney in the state where the decedent last resided. Good luck to you. -John
Answered on Mar 13th, 2012 at 10:34 AM