Q: My mother, a California resident, passed away recently and I’m unsure whether her estate is a small estate.
I understand that if my mother’s estate doesn’t qualify as a small estate, within 30 days after her death, I must file her will in the superior court of the county in which she lived.
There are several financial instruments (CDs) that she owned that I can’t yet tell if she set up as being payable on death accounts and I probably won’t be able to determine the answers for a few more weeks (after 30 days from her death). If one or more of these financial instruments passes via the will, her estate passing by will would exceed $166,250.
In these circumstances would it be best to (1) file the will with superior court on the chance my mother’s estate, passing by will, may exceed $166,250, (2) hold off on filing until I get more certainty on the value of the estate passing via the will (even at the risk of exceeding the 30-day filing deadline if it turns out the estate value passing by will exceeds $166,250, or (3) something else?
A: You should for sure lodge the will with the probate court. You don’t have to start a probate. Just lodge the will. Might cost $50 or so.
James Edward Berge agrees with this answer
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A: You also don't have to wait any period of time before notifying the banks of your mother's death. Provide a death certificate to the bank. That will smoke out whether there are POD designations on the CDs.
James Edward Berge agrees with this answer
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A: There is a legal requirement under state law to "lodge" or file an original Will with the court clerk for the county in which the decedent resided at time of death within 30 days of death regardless of the size of the estate. There's also a fee of $50 that must be paid to the court clerk upon the filing of an original Will. If you want a copy of the Will from the court clerk, simply request a filed-endorsed copy, or certified copy, if you so choose.
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A: You are lodging the will with the Court - not filing for probate. Remember you have to wait 40 days before filing 13100 Small Estate Affidavit with the banks and the collective amounts of all accounts must be less than $116,250 for a death in 2020 and $150,000 for a death in 2019.
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