Q: If the decedent lives you everything including house and contents do you have to file probate and you are the only famil
Member alive
A: If everything was held in the name of the decedent,and the total value is over $184,500, yes.
A:
Under California law, whether you need to file for probate depends on the total value of the decedent's estate. If the estate is valued at more than $184,500, probate is typically required to legally transfer ownership of the property to you. This process ensures that any debts or taxes owed by the estate are paid before you receive your inheritance.
If the estate is worth less than $184,500, you might be able to use a simplified procedure, such as an affidavit, to claim the property without going through full probate. This can be faster and less costly than the formal probate process. You would need to submit certain documents to the court and possibly notify creditors and other interested parties.
Even if you are the only surviving family member, probate ensures that the decedent's wishes are legally honored and any outstanding obligations are settled. Consulting with an attorney can help you understand the specific steps you need to take based on the value and complexity of the estate. This will ensure you comply with California laws and receive your inheritance correctly.
A: If the decedent left you the property through a living trust, then you may not need to file a probate petition. If the property was left to you via a Will, then you most likely need to file a probate petition.
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