Probate is the judicial process whereby a will is “proved” in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at the time of death in the absence of a legal will.
Each co-trustee has the right to hire their own attorney. The California Probate Code (which is the law that governs trusts) provides each trustee, or co-trustee, to hire their own lawyer. The other co-trustee has no right or ability to stop his fellow co-trustee from hiring his or her own probate lawyer.
A will is a legal document which is also called a Last Will and Testament. It communicates a person’s final wishes, including what happens to their belongings and specifies beneficiaries of their estate.
Are you wondering how long does probate take in California? In short, probate in California takes a long time. Find out the reasons why here.
In California Probate, the assets of a deceased person need to be inventoried. The Probate Code requires a referee appraise the assets listed on the inventory.
When a person dies and leaves an estate, its value needs to be ascertained. The decedent’s gross estate is the fair market value at the date of his or her death of all property that he or she owned. Click here to learn about the differences between a gross estate and a net estate.
Under California probate law, if you are the personal representative of the estate, you may transfer the vehicles to their new owners without having to wait until the estate is closed.
Generally, a person’s trust does not have to be filed with the court when they die. This is different than their will which must be lodge with the Superior Court for the county in which they resided at the time they died. Learn more about when a trust has to be filed with the court here.
Using a custodian may be an option when there is a minor beneficiary of an estate. View here for more information from a San Diego probate attorney.
Even if your loved one had an estate plan, the bank may still want a copy of the death certificate. There are many valid reasons for this request.
A Notice of Claim to a creditor, can make them file for a Creditor’s Claim. Learn about the information a creditor’s claim against an estate must contain.