Fort Worth, TX asked in Estate Planning for California

Q: What paper do l file to have my Granny's will put inprobate

Related Topics:
1 Lawyer Answer
Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
  • Estate Planning Lawyer
  • Carlsbad, CA
  • Licensed in California

A: You need to go your county Probate Court's web site and they will give you very exact instructions.

There are three different levels of Probate process in California. Which level you use depends on what assets your grandmother left behind. If she left no real estate and only moderate assets, then you can probably get away with one of the abbreviated two levels. You will have to take a sharp pencil and add up what she left behind.

If her assets are high enough, or if there is any real estate involved, then you have to do real, long unpleasant Probate. You can pass that job to an attorney but the costs start at 4% of the GROSS value of the estate (not the value NET of loans and mortgages), so it can be expensive.

Your basic petition is a form DE-111 which is the petition to open the Probate and have the court approve the WIll as valid and appoint the Personal Representative (executor). The web site will tell you what lesser forms are needed with it. You really need to buy a "How To" book on the process to make sure you don't miss anything important.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.