Probate Shortcuts in Your State

Every state offers some kind of shortcut for "small estates"--which, under some state's rules, can actually be quite large.

Small Estate Probate Shortcuts: Why Even Large Estates May Qualify

Depending on your state's law, your inheritors may be able to skip regular probate.

Do I inherit my mother's debts?

My mother passed away quite recently. I've been taking care of her house, and notice that credit card bills and so forth are starting to pile up. Who's responsible for these? Am I, since I have inherited some money and property from her? When I notify the creditors of her death, will that make me responsible?

If one owner of property held in joint tenancy dies, who pays the mortgage?

My fiancé passed away last year. Our deed lists us as "joint tenants with rights of survivorship." To settle his estate, his family wants to pay off his half of the mortgage owed on the property. Does this mean that his beneficiaries would then automatically own his half of the property?

Must 401(k) plan beneficiaries pay income tax on withdrawals?

I have a 401(k) plan that's worth about $50,000. Will my beneficiaries have to pay taxes or penalties if they withdraw this money when they inherit it after my death? Can they roll it over into another tax-deferred plan?

How do I transfer money market funds after death?

My son died about six weeks ago. He did not have a will. He had $1,200 in a money market account. People at the bank say they need Letters Testamentary, an Affidavit of Domicile, and my son's death certificate to transfer funds to an account in my name. How do I obtain the letter and affidavit?

Can I cancel probate for an old and diminished estate?

Is there a way to abandon a California probate proceeding when the case is ten years old and there are no -- or very few -- assets to be accounted for?

What happens to a parent's share of the family home upon death?

After my father died, my mother got half of their house. The other half is shared by my brother and I, and my father's two daughters from his first marriage. What happens to this house when my mother dies? She has a son from her first marriage. Can she leave her half to him? If so, does our share stay the same?

My dad died and I don't know whether he left a will. What should I do?

My father died a few years ago, and I'm pretty sure he had a will. Is there a way to find out, and if he did, whether or not I am mentioned in it?

How do I claim my child's assets if there is no will?

My daughter died unexpectedly without leaving a will. She was unmarried and had no children. I, her mother, am next of kin. She had a 401(k) plan (but did not name a beneficiary) as well as money in mutual funds and an IRA. How do I get these funds? I live in California, as did my daughter.

We don't trust the trustee -- what should we do?

My grandfather told me that he was leaving part of his estate to me. After my grandfather died, my father took control of all his assets and told us that there is a family trust. No will was found. Should we just assume that everything was left to our father, despite what our grandfather said?

The Executor's Guide

A thorough guide to settling a loved one's estate, whether you're handling it alone or working with a lawyer.

How to Probate an Estate in California

Everything you need (including court forms) to take an estate, big or small, through California probate court.

The Trustee's Legal Companion

A must-have resource for anyone serving as a successor trustee.