probate

[scarey]

In California, a domestic partner has died (not married). There was a 401k and a pension plan. The combine value is over $100k (believe the cap for probate/non probate in 2002 in CA). They both are 100% beneficiaried to his surviving partner. In order to transfer to the beneficiary, do we have to get a court issued document? If there are probatible, can creditor file a claim against this probate estate?

 

[ALawyer]

If there are valid beneficiary designations in effect, simply contact the institutions holding the 401k and pension plans. They usually only demand copies of the death certificate. Probate is not necessary.

One concern. Most defined benefit pension plans pay during the person's lifetime, and stop all benefits on death, unless there is a spouse surving. Thus there may not be something left for you.