Is probating an estate mandatory?

UPDATED: Jan 11, 2014

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Is probating an estate mandatory?

There was no Will and it looks like there aren’t a lot of assets although there is debt (which exceeds assets in question). Paying for a lawyer to probate would cost more than the assets.

Asked on January 11, 2014 under Estate Planning, California


Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

There are minimum threshholds of estate size below which you do not need to probate the estate.  They vary by state, but there should be no reason to probate the estate in this case, based on the facts you provided.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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