I frequently hear a comment such as this one: ‘my mother died and her Will leaves everything equally to all of us kids.   I just need help in distributing her estate.’  More often than not, this situation will result in a probate in California.  The only times it will not are if there are less than $100,000 in assets that are not in a trust, in joint tenancy and/or have beneficiary designations on them.

A Will is essentially a map for the parties and the court to follow in administering the estate.  It will include the identification of the beneficiaries; the nomination of the executor and possibly the nomination of a guardian for a minor child or children.

It should be remembered that a Will only has significance upon death. Therefore, should one become disabled or incapacitated, the Will cannot be relied upon.  On the other hand, there will still be a probate!

For answers to questions regarding probate, please contact a California probate attorney and/or a California probate lawyer.