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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9389
Experience:  since 1983
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My daughter was married, has life insurance with husband as

Customer Question

My daughter was married, has life insurance with husband as beneficiary, has a will predates marriage, with me as executor, listing all assets etc to me, insurance to named beneficiaries, and total assets under 150k. County of residence is Sacramento, CA. Son in law is giving me POA to handle all issues regarding death and resolution of financial matters. Checking acct right of survivorship, with me as survivor. Do I need letter testamentary?
Submitted: 1 year ago.
Category: Family Law
Expert:  N Cal Attorney replied 1 year ago.

I'm sorry to hear this.

Have you filed her Will for probate?

Did she have a premarital agreement?

Does her husband want to claim a share of her estate?

Customer: replied 1 year ago.
her husband will get part of her, to be clear, anyone with a will must pay an outrageous fee for probate? Looking at the probate laws, it appeared as she had a spouse, there was not a need to file probate?
Customer: replied 1 year ago.
If you read my question: do I need to go to probate? Estate is under 150k, there is a spouse... Or do I just need a letter testamentary to process getting her insurance etc processed?
Expert:  N Cal Attorney replied 1 year ago.

California does require wills to be probated, but you can to this without an attorney if you get a copy of

How to Probate an Estate in California

which is probably available at your County Law Library.

If the estate is valued at $150,000 or less, you can avoid formal probate, see for instructions on how to do that.

Please let me know if this does not answer your question prior to rating my answer.

I hope this information is helpful.