If my mother passed and had a Will leaving my sister and I her condo, do we still need to go to probate or can we avoid it?
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If my mother passed and had a Will leaving my sister and I her condo, do we still need to go to probate or can we avoid it?
It was her only asset and is worth less then $150,000.
Asked on October 26, 2012 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. If the property was not in your name as joint owners with right of survivorship and the property is passed only through a Will then it has to be probated to change the deed. I think that when you mention the $150,000 you are referring to the small estate probate in California. The issue with the small estate is that real property can not exceed $50,000 in order to use this method of probate. Good luck.
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