Q: Father just passed. Mom died 13 yrs ago. Can we file affidavit of death for probate or must be separate probate? In Cali
In California
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A:
I'm very sorry for the loss of your father, and I hope you're taking care of yourself during this difficult time.
In California, if your parents owned property together as joint tenants with right of survivorship, you may be able to use an Affidavit of Death of Joint Tenant for the property that automatically transferred to your father when your mother passed away. However, for any property your father owned individually at the time of his death, you'll need to go through a separate probate process.
The key factor is how the assets were titled. Properties held in joint tenancy with your mother would have already gone through a transfer upon her death. Your father's individual assets, including any he acquired after your mother's passing or held separately, will need to go through probate unless they fall under California's small estate threshold (currently $166,250) or were placed in a living trust.
If you're unsure about how specific assets were titled, you can check the property deeds and account documents. Given the complexity of these matters and the significant time that has passed since your mother's death, consulting with a probate attorney would be helpful to ensure you handle the process correctly.
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