Do I need to file a will in the court in California after my mom died?

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My mother passed away a few days ago, she has no property only 2 annuities and a checking account. My sister and I are named her beneficiaries and we are both co-executors of her will. We also believe that there will be no probate; is this true?

Attorney Answers

4
Marinus Goossens ·
My condolences. You're probably correct. Check if there are designated beneficiaries on the accounts. If so, the balances will pass to those people. If there are no designated beneficiaries and the total value is below $150,000 you can submit a small estate petition to the custodial companies where the accounts are administered. If, however, the value is over that amount and there are no designated beneficiaries, you will need to open probate. I hope that helps, good luck.
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Jim Price ·
You first need to determine if the accounts can be disbursed to you and your sister without probate. Contact the annuity companies and bank. Only if you can not get the funds disbursed would you go through a probate. If you must do a probate there are summary procedures for small estate, which will save time and money.
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