Q: Can we sell a boat without entering probate?
A relative left a boat as part of his estate. We cannot enter a probate right now due to finances, and the boat has dock/maintenance fees that are quickly becoming a burden. Can we sell (or even just junk?) the boat without starting a probate?
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- California
- (916) 704-3009
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- Answered
A:
In California, handling an estate asset like a boat without going through probate can be challenging, but there are some options you may consider. Generally, probate is required to legally transfer ownership of assets from the deceased's estate to the beneficiaries. However, under certain circumstances, smaller estates may qualify for a simplified process.
If the total value of the estate is under a certain threshold (which you can check as it periodically changes), you might be able to use a small estate affidavit to transfer ownership of the boat. This process is less complex than formal probate and can be quicker.
If the estate does not qualify for the small estate procedure and you cannot afford probate, you might consider speaking to a probate attorney about your options. Some attorneys work on a contingency basis or can offer flexible payment plans.
In the meantime, if the boat is incurring significant fees, you should document these expenses. They could potentially be considered when the estate is eventually settled.
Selling or junking the boat without proper authority might lead to legal complications. Therefore, it's crucial to get legal advice specific to your situation to ensure that any actions you take are in accordance with California law and don't expose you to liability.
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