Do you need a probate case if the decedent did not own property when he or she passed away?

The answer in most cases is no. The purpose of probate is to make sure that property gets to the correct people after a decedent has passed away. If the decedent did not have property in his or her name when they died, or if the property was held jointly with another person such that it passed to that other person automatically. In those circumstances, there is no need for a probate case.

Quick Question Corner is a video segment where we answer common questions about estate planning and elder law. If you have similar questions, leave them in the comment section and we can feature them in one of our videos in the future.

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Davis
530–763-0014
750 F Street, Suite 2
Davis, CA 95616

Sacramento
916–975-7560
333 University Ave, Suite 200
Sacramento, CA 95825

Roseville
916–975-7721
3017 Douglas Blvd, Ste 300
Roseville, CA 95616

Monterey
831-777-2557
288 Pearl Street
Monterey, CA 93940

San Antonio
210-750-1800
18756 Stone Oak Pkwy, Ste 200
San Antonio, TX 78258

We operate on an appointment-only basis other than our Davis office.

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