Full question:
My Mother wants a probate will. She is a joint tenant and 50% property owner with my Father. They jointly own a home worth: $600,000. My Mother DOES NOT trust my Father, and wants her 50% of the equity and his assets to go to me and my sister. I need an exact definition of what a State of California Probate Will is.
- Category: Wills and Estates
- Date:
- State: California
Answer:
A will is a legal document in which a person (the testator) specifies how their property and family matters should be handled after their death. In California, property that passes by will includes almost all assets, except those that transfer through other means, such as:
- Real estate owned as joint tenants, which automatically goes to the surviving owner, regardless of a will.
- Life insurance proceeds, which go to the named beneficiary.
Probate is the legal process of validating a will and managing the deceased's estate according to its terms. This process involves the court confirming the will's validity and appointing an executor or administrator. To start, the will must be filed with the court in the county where the deceased lived, along with a petition for approval and a witness declaration. If the court finds the will valid, it will admit it to probate.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.