Has anyone had experience with a distant relative passing without a will in another state? I had a cousin pass with a large estate in CA without a will. We believe there are 5 direct cousins and 1 deceased with a living relative. How long to work through probate? One of the cousins has been asked to be executor.
Probate
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MissMolly
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You might want to follow this thread. I believe they are also located in CA.
http://www.early-retirement.org/forums/f27/relative-passed-with-no-will-next-steps-94959.html
http://www.early-retirement.org/forums/f27/relative-passed-with-no-will-next-steps-94959.html
HI Bill
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I just went through probate in CA as the sole heir with a will for a low $ estate....it took 6 months and cost ~$7K for a single house worth less than $200K, with far less equity than that. Newspaper notices and notices to creditors and any potential heirs will be required. I'm guessing that it could take several years, but that's just a guess. It would depend on the size and complexity of the estate.
Another Reader
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Plan on big bucks for the probate here in California, especially with no will. An attorney will be very helpful in navigating the estate through the probate system. At least a year, maybe longer.
Bamaman
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
I just hope the cousins can all get along with each other and agree on all decisions to do with the estate. Because getting attorneys to settle disputes is extremely expensive.
If you get down to it, probate is where a judge gives an executor the authority to sign on the behalf of the deceased to dispose of their assets. In many states if the executor is signed on checking accounts and if there's no real estate to liquidate, probate is not even needed. Of course the judge wants to be assured all taxes and liabilities of the deceased have been paid before authorizing funds be distributed to the legal heirs.
If you get down to it, probate is where a judge gives an executor the authority to sign on the behalf of the deceased to dispose of their assets. In many states if the executor is signed on checking accounts and if there's no real estate to liquidate, probate is not even needed. Of course the judge wants to be assured all taxes and liabilities of the deceased have been paid before authorizing funds be distributed to the legal heirs.
Probate in California is 7 months minimum for a full probate (generally $150k+). It really doesn't matter if there is a will or not and, in fact, it's sometimes easier with no will. Any of the family members can start probate. As long as everybody is friendly it should be pretty easy. Get an experienced CA probate attorney. Since the state has CourtCall telephonic appearances in every county you can hire a probate attorney anywhere in CA and they can handle the case.
