Newbie needs help with probate, estate, lawyers, etc!

[confused_son]

What is the name of your state? CALIFORNIA

Hello,

Quick questions!

First some info:

My father passed away (without much estate planning) in California a few months ago. He left behind some money in a checking account, as well as a small CD.

His personal property was worth very little money. He did not own a house or car at time of death.

He left unpaid bills which amount to approximately 75-80% of the money he left in the bank.

He left a will of sorts, but not a legal one. It is typed, dated and signed by him, is one sentence long, and has no witness signatures. It simply states that my sister and I are to share the estate equally. As I learned from others here, basically what the state court would say anyways... sister and I split estate 50-50.

I had no interest in his personal belongings, so my sister took posession of them. All that remains is a bunch of artwork in storage that we plan to sell and split the proceeds. Need to get it appraised, but probably not worth much.

I have had my name added to his bank account (It was only in his name before) which the bank was willing to do since the amount of money was relatively small. I plan on paying off all of his debts with that money, then splitting what is left over with my sister.

I have not filed anything with anyone, sought out a lawyer, or anything like that yet. I was hoping to avoid probate due to the small amount of money involved, the hassle, and the time.

My question is, If I can settle all his debts, and amicably split the remaining assets with my sister, is there ANYthing I need to file with the county courthouse? SHOULD I be going through probate for any reason? Is there ANY reason to involve a lawyer? Basically I want to be sure I am not skipping something that I should be doing.

On the other hand, lets say that my sister and I were NOT in agreement on how to split the estate? What should I do in that case? Probate, yes? Anything else? Just in case... you know.

Thank you in advance,

Confused SonWhat is the name of your state?

 

[IAAL]

What is the name of your state? CALIFORNIA

Hello,

Quick questions!

First some info:

My father passed away (without much estate planning) in California a few months ago. He left behind some money in a checking account, as well as a small CD.

His personal property was worth very little money. He did not own a house or car at time of death.

He left unpaid bills which amount to approximately 75-80% of the money he left in the bank.

He left a will of sorts, but not a legal one. It is typed, dated and signed by him, is one sentence long, and has no witness signatures. It simply states that my sister and I are to share the estate equally. As I learned from others here, basically what the state court would say anyways... sister and I split estate 50-50.

I had no interest in his personal belongings, so my sister took posession of them. All that remains is a bunch of artwork in storage that we plan to sell and split the proceeds. Need to get it appraised, but probably not worth much.

I have had my name added to his bank account (It was only in his name before) which the bank was willing to do since the amount of money was relatively small. I plan on paying off all of his debts with that money, then splitting what is left over with my sister.

I have not filed anything with anyone, sought out a lawyer, or anything like that yet. I was hoping to avoid probate due to the small amount of money involved, the hassle, and the time.

My question is, If I can settle all his debts, and amicably split the remaining assets with my sister, is there ANYthing I need to file with the county courthouse? SHOULD I be going through probate for any reason? Is there ANY reason to involve a lawyer? Basically I want to be sure I am not skipping something that I should be doing.

On the other hand, lets say that my sister and I were NOT in agreement on how to split the estate? What should I do in that case? Probate, yes? Anything else? Just in case... you know.

Thank you in advance,

Confused SonWhat is the name of your state?

My response:

As far as the purported Will is concerned, it's worthless. It doesn't meet the minimum statutory requirements; but, you probably knew that anyway. So, since I gather that you and your sister are the only surviving heirs, then the Estate is divided by the Statute; which amounts to the same thing he said in his "Will," anyway. So, no problem there.

As far as filing a Petition for Probate is concerned, you never mentioned the estimated value in the Estate, of the items you mentioned. But, assuming the Estate value is $20,000.00, or less, then you can either just "divvy" up the Estate between the two of you, or if there are disagreements that can't be resolved, then the Estate is entitled to "Small Estate" administration, which is quick, down, and dirty. The distributees (you and your sister) under a Probate Code § 13154 order, remain personally liable for decedent's unsecured debts up to the net value of the property (fair market value as of date of death, less liens and encumbrances) . . . except (a) the distributees may not be held liable on claims barred by the "nonclaim statute" (Ca Probate § 9000 et seq.) in any subsequent probate of decedent's estate, and (b) nor may the distributees be held liable if the claim is barred by the Ca Civ Pro § 366.2 statute of limitations). [Ca Probate § 13156]

With a $180.00 filing fee in hand, you could easily handle this on your own. Just buy a book on the subject from your local bookstore and follow the steps. These soft cover books usually include the proper forms to use.

Good luck.

IAAL

 

[confused_son]

My response:

As far as the purported Will is concerned, it's worthless. It doesn't meet the minimum statutory requirements; but, you probably knew that anyway. So, since I gather that you and your sister are the only surviving heirs, then the Estate is divided by the Statute; which amounts to the same thing he said in his "Will," anyway. So, no problem there.

As far as filing a Petition for Probate is concerned, you never mentioned the estimated value in the Estate, of the items you mentioned. But, assuming the Estate value is $20,000.00, or less, then you can either just "divvy" up the Estate between the two of you, or if there are disagreements that can't be resolved, then the Estate is entitled to "Small Estate" administration, which is quick, down, and dirty. The distributees (you and your sister) under a Probate Code § 13154 order, remain personally liable for decedent's unsecured debts up to the net value of the property (fair market value as of date of death, less liens and encumbrances) . . . except (a) the distributees may not be held liable on claims barred by the "nonclaim statute" (Ca Probate § 9000 et seq.) in any subsequent probate of decedent's estate, and (b) nor may the distributees be held liable if the claim is barred by the Ca Civ Pro § 366.2 statute of limitations). [Ca Probate § 13156]

With a $180.00 filing fee in hand, you could easily handle this on your own. Just buy a book on the subject from your local bookstore and follow the steps. These soft cover books usually include the proper forms to use.

Good luck.

IAAL

Thank you so much! Yes, the will is more or less worthless, as you said. But also not an issue.

The estate is just OVER that 20,000 mark... So it sounds like I can NOT simply divvy up the remaining assets then? I'll go hunt for a book on the matter. Sorry I didn't look for that first off... I am totally lost here and don't know who to ask for advice. Everyone tells me something different. I read from several places that the general cutoff amount for probate being necessary was 100,000... that 20,000 figure is new to me. I conrtacted a local law firm that told me probate was not necessary if total estate value was under 100,000 as well.

It's all just confusing to me, as I have had ZERO experience in a courtroom, or law office in my entire life. (Outside of Jury Duty... guy stole a sandwich from a 7-11!) There doesn't seem to be a very newbie-friendly central source of reliable info that I have found yet, outside of community forums like these.

So thank you again, I appreciate the help

Confused Son