| Alan R. Horvath, Attorney at Law |
| Probate - When Needed |
Probate is necessary whenever the decedent owned more than $100,000 in assets at death, or real property valued
at over $25,000. There is an exception to this when the decedent was married and everything is left to the surviving
spouse.
It is important to note that Probate does NOT handle any assets where the ownership automatically passes to
someone else at death. Hence, the proceeds of a life insurance policy with a specified beneficiary are not subject to
probate. Neither are assets in a trust with a named successor trustee, nor any assets having any form of payable on
death provision. All of these assets ARE still subject to estate tax.
.
at over $25,000. There is an exception to this when the decedent was married and everything is left to the surviving
spouse.
It is important to note that Probate does NOT handle any assets where the ownership automatically passes to
someone else at death. Hence, the proceeds of a life insurance policy with a specified beneficiary are not subject to
probate. Neither are assets in a trust with a named successor trustee, nor any assets having any form of payable on
death provision. All of these assets ARE still subject to estate tax.
.
P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
| Phone: 209 754-5291 Fax: 209 754-5293 |
| ahorvathlaw@sbcglobal.net |
| Serving Calaveras, Amador, Tuolumne, and San Joaquin counties, California |
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