Estate is over 100.000 what form do i file with the court

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it's his personel property that is coming from insurance company it's replacement costs every thing burned down and he died in the fire

Attorney Answers

3
Donald Watson ·
Unfortunately you will have to file a petition for probate (intestacy if no Will). The insurance company will request "Letters of Administration" and to get them you have to file a petition for probate. You might be able to do this on your own or through a local attorney. The fee for that service will be a percentage of the total estate- 4% of the first $100,000 and 3% of the next $100,000 plus costs of filing (probably around $1200 now that the courts are raising their fees). This comment does not constitute the giving of legal advice nor create an attorney client relationship.
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Paul R KraftWills and Living Wills LawyerEl Dorado Hills, CA ·
Donald is correct. Unfortuantely, once the estate gets over $100,000, the financial institutions will want to see Letters from the court. If I can be of assistance, please feel free to contact me at 530-344-0204.
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Daniel Printz ·
Based on the limited information in your question there doesn't appear to be any way to avoid a petition for probate (DE-111). The rules for filing and noticing the probate petition hearing are complex; you will want to consult with a probate attorney in your area to discuss these and to discuss whether any probate-avoiding device can be used.
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