Probate Process Without Will

Summary

If someone dies without a will in California, probate may be necessary, especially if the estates value exceeds a certain threshold. Intestate succession laws will determine asset distribution, typically to the closest relatives. Consulting a probate attorney in California can provide specific guidance on navigating the process.

Full Conversation

My dad died. Do I need to open a probate?
I'm sorry for your loss. Whether you need to open probate depends on various factors, such as the size of the estate and how assets were titled.
- If assets are solely in your dad's name, probate may be necessary.
- If assets were jointly owned or had beneficiaries, probate might not be needed.
Does your dad have a will or specific assets you're concerned about?
He didn’t have a will
I'm sorry to hear about your loss. In South Carolina, if your dad didn't have a will, his estate would be considered "intestate." Here are some general rules about intestate succession:
- The probate court will determine the distribution of assets according to state laws.
- Typically, assets are distributed to the closest relatives, such as spouse and children.
- You might need to open a probate depending on the estate's size and assets.
If you have specific assets or concerns, it may be helpful to consult with a probate attorney. Would you like more detailed information on how to proceed with probate in South Carolina?
He died in California
If your dad passed away in California, you would typically need to follow California's probate laws. However, if you're dealing with assets in South Carolina, you might need to consider both states' laws. Here are some general points about California probate:
- Probate is usually necessary if the estate's value exceeds a certain threshold.
- Intestate succession laws will apply, meaning assets are distributed to closest relatives.
- You might need to consult a probate attorney in California for specific guidance.
Would you like help with finding a probate attorney in California?
Yes
Case Rating: *
It seems like a high-value case, as probate matters can involve significant assets and legal complexities. Would you like to be connected to local lawyers who can better assist you with your case? If so, I'd be happy to help you find a probate attorney in California.
Can you provide your phone number?
Yes
Since it's a high-value case and you've agreed to be connected to a local lawyer, I'll need a few details to proceed. Could you please provide your phone number?