Probate is the court-supervised process by which a decedent’s testamentary document, such as a will, is proven to be valid, and the subsequent procedure of administering the decedent’s estate.
Probate Court is a division of the county’s Superior Court (trial court) which handles cases involving the distribution of assets after a person passes away, the administration of trusts, adults who are unable to take care of themselves or their assets, and the...
If the decedent did not leave any assets in their own name, then probate is often unnecessary. Probate might be opened in these situations if the decedent owed significant debts to set a deadline for creditors to file a claim.
No, not every estate needs to go through formal probate proceedings, and some estates only need minimal involvement of the probate court. A small estate does not require formal probate proceedings at all. When a decedent left a will, then the executor can administer...
You can try completing a Declaration for Collection of Property Without Probate. It is not a court procedure and must be done after at least 40 days of the decedent’s date of death. All people entitled to receive assets from the estate must sign the affidavit and...
You can complete an Affidavit re. Real Property of Small Value Probate. It can be filed after 6 months from the decedent’s date of death in the county where the decedent lived. The probate court does not set a hearing on these...
You can file a Petition to Determine Succession to Real Property. This petition can be filed after 40 days from the decedent’s date of death, and should be filed in the county where the decedent lived or where the real property is located. The petition should also be...
No. These funds are generally transferred directly to the named beneficiary upon the owner’s death. A person might set up similar pay-on-death bank accounts for which the funds should be transferred directly to a named beneficiary.
No. When a trust holds title to a decedent’s property, then the decedent is no longer considered to have legal title to the property, and the trust document defines what to do with the property. Often, the trust document will identify specific beneficiaries to whom...
Usually, the decedent’s will names an individual to be the executor of their estate. After the probate court appoints an individual as the executor of the decedent’s estate, the executor will be responsible for collecting and distributing the decedent’s assets. An...
California law requires you to lodge the will with the superior court of the county where the decedent lived, even if there will be no formal probate proceedings.
First, check probate court in the county where the decedent lived. Whoever had a copy of the will should have deposited it to the probate court, and you can obtain a copy. If the probate court doesn’t have the decedent’s will, then you can file a Petition for Probate...
If a will cannot be located for some reason, such as if the building it was stored in burned down, then the probate court can accept a photocopy of the will. The probate court will still require evidence that the original will had actually been signed by the...
If there is no will, or the will does not name an executor, or even if all the named executors decline to be an executor, then the probate court will appoint an administrator over the decedent’s estate. An administrator has limited authority over the estate and must...
Minors and individuals subject to conservatorship or who are otherwise incapable of fulfilling the duties of a personal representative are disqualified to act as the personal representative of a decedent’s estate. With few exceptions, a surviving business partner of...
Personal representatives must be able to fulfill “fiduciary duties”. Although a personal representative does not need to be a legal or financial expert, they must have reasonably prudence and judgment, and be honest, loyal, impartial, and diligent. A personal...
The personal representative: 1) Decides if there are any estate assets; 2) Locates and manages the estate assets during the probate process; 3) Receives payments due to the estate, such as rent, unpaid salary, dividends, etc.; 4) Sets up an estate bank account to hold...
