Oceanside, CA asked in Estate Planning and Probate for California

Q: Does a probate need to have all assets assigned into it to close?

Only parent dies with trust. Multiple properties have to be sold. Beneficiaries are 3 brothers and one sister. Sister dies unexpectedly a month after parent dies. Now we have to go through probate as sister left no trust or will. Her share of parent's trust will have to go through probate. She had no husband or children, just her brothers. Do all the properties have to be sold and her interest in them transferred to her probate to allow it to close? One of the brother's wants to stay living in one of the properties. I believe he will have to buy the property to allow probate to close. How would this work?

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1 Lawyer Answer
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: More than likely a probate will need to be opened for sister's estate before you're allowed to close parent's estate. Once an executor is appointed to sister's estate, perhaps a deal can be struck among the beneficiaries of sister's estate allowing for an in-kind distribution of estate assets to the beneficiaries as the final settlement of sister's estate, without requiring a sale of property by her estate prior to final distribution.

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