Pasadena, CA asked in Probate for California

Q: I live in California and my husband passed away. I am the beneficiary of everything.Do I need to file for probation?

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in California

A: The main purpose of prorate is to retitle assets in the name of a decedent. You not need to open a probate to transfer assets to you if all assets have already transferred to you via beneficiary designations or other non-probate transfer methods such as ownership with right of survivorship.

Howard E. Kane agrees with this answer

1 user found this answer helpful

Howard E. Kane
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Howard E. Kane
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: I'm sorry to hear about your husband's passing. There is no need to petition the court for probate of a particular asset and have it transferred to you by order of the probate court unless there is no other legal way to transfer the asset to you. It's also a good idea to do some level of estate/legacy planning or update your estate plan regularly to ensure that your assets pass to your beneficiaries as well.

1 user found this answer helpful

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