If my parents are in their 80’s and own a home worth about $80,000 but have no other valuable assets, can we avoid probate on their estate without a Trust?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my parents are in their 80’s and own a home worth about $80,000 but have no other valuable assets, can we avoid probate on their estate without a Trust?

Asked on January 21, 2015 under Estate Planning, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you may be able avoid probate. If, for example, your father predeceases your mother, then she will automiacally become vested in the house by virtue of survivorship community property. Additionally, assets that are inherited by a surviving spouse can be transferred with a simplified procedure (the probate court is involved but the process is not at all complicated or time-consuming). Also, if the total value of the probate estate is small enough, probate may not be necessary and heirs/beneficiaries can claim assets by affidavit or through a summary probate procedure.

 

At this stage, you may just want to sit for an hour or so and consut with a local probate attorney who can go over the specifics of your parent's estate and advise you and them more fully.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption