Antioch, CA asked in Estate Planning and Probate for California

Q: I live in Calif. My husband and I arre jopmt tennants on a deed. He passed away, Am I his successor or do I need probat

The value of the property is under 300 K.

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2 Lawyer Answers

A: You do not need to probate the estate due to the house, but you may need to probate his estate IF (1) he did not have a trust and the value of his probatable assets is $166,250 or higher; or (2) if the value of his probatable assets are less than $166,250. There isn't enough information in your question about his other assets, so a lawyer cannot sufficiently respond to the probate question. Sorry about that!

A: You bypass Probate. But you need to file an Affidavit of Death of Joint Tenant with the County Clerk. The clerk's web site will have the form.

Howard E. Kane and Gerald Barry Dorfman agree with this answer

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