Atascadero, CA asked in Probate for California

Q: Executor sold house and entire furnishings. Right now there is only a bank account. Nothing has been presented to heirs

There is last will and testament. Executor has been procrastinating now for 9 months. Executor has decided not to probate. Can the 3 other heirs demand a complete inventory of all incomes and expenditures from the estate without going to probate. Or is probate needed to get this info. Thankyou

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2 Lawyer Answers
Carol A Fauerbach
Carol A Fauerbach
Answered
  • Probate Lawyer
  • Folsom, CA
  • Licensed in California

A: In California, if an estate has a value of over $150,000, probate is required. Given that there is a house, furnishings and bank account, the value is very likely over this amount and the executor is required by law to probate the estate. Part of the probate process includes and inventory and appraisal of the estate as well as an accounting of the income, expenses, and distributions regarding the estate. You should consult with a probate attorney as soon as possible to review the details of your situation and advise as to how best to proceed to protect your interests.

Bill Sweeney agrees with this answer

Genene N. Dunn
Genene N. Dunn
PREMIUM
Answered
  • Probate Lawyer
  • Tustin, CA
  • Licensed in California

A: If there was only a will and no trust and there was real property involved then most likely the executor would have to get appointed by the court before they would have the proper authority to sell the property. If there was a trust then there might not be a required court process. In any event, the beneficiaries or heirs have a right to see all assets of a trust or estate and have a right to make sure it gets handled properly and efficiently.

2 users found this answer helpful

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