Q: How do I process a 28 year old will which never went through probate?

A: Dear Los Angeles:

Good question. Actually, your first question is whether or not a probate is required at all. If the date of death value of the real property is less than $150,000 as determined by California probate referee there may be a easier and cheaper way to go.

This is because for real property worth less than $150,000 at date of death, a simplified petition process exists. This is called a Petition to Determine Succession to Real Property. If it was worth less than $50,000 there is an easier affidavit process. (Of course, either process is limited to estates with a total value of less than $150,000 where no probate was initiated.)

Otherwise, you are going to need to probate the estate. And, given that the decedent died so long ago, there may be additional hurdles if any of the beneficiaries passed on after the decedent's death in 1989.

I would speak with an attorney to see which procedure works best for your particular situation. They can also provide an opinion on the holographic will. If you do not know where to find an attorney, try your local county bar association. Most county bar associations provide a referral service that, for a nominal or no fee, entitles you to a consultation with an attorney.

Good luck.

A: You can still file for probate. If you were named executor in the will the court may decide you waived your right to be appointed executor.