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 document by which a person (the testator) regulates the rights of others over his or her property or family after death.
WHAT PROPERTY PASSES BY WILL?
All your property will pass by your will except property which is to vest in others by other instruments. Examples are:
1. Real estate in some states that is owned by joint tenants passes to the survivor with or without a Will andSee our California Last Will and Testament Package at CA-P080-PKG.
2.; Life insurance proceeds go to the named beneficiary.
Probate the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will. It is a judicial act or determination of a court having competent jurisdiction establishing the validity of a will. First the will is filed with the clerk of the appropriate court in the county where the deceased person lived, along with a petition to have the court approve the will and appoint the executor named in the will (or if none is available, an administrator) with a declaration of a person who had signed the will as a witness. If the court determines the will is valid, the court then "admits" the will 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.
