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.
Most real property held in community between spouses and domestic partners used to be held in joint tenancy. Since 2001 (and 2003 for domestic partners), California probate law has introduced Community Property with Right of Survivorship (CPWROS).
Beneficiaries can be disqualified from receiving an inheritance under California law. View here for more from a probate attorney in San Diego.
The way a will is written and signed determines if the California law considers it valid or not, but changes can be made.
Does Community Property Have to Go Through Probate? Well, we have to actually look at the deed to see what it is that is going to happen. You can take title as community property with or without right of survivorship. This matters!
During the administration of an estate in California, assets may be divided between a trust and the decedent’s probate estate. Assets held in the trust will be overseen by the trustee appointed in that document.
Errors documenting estate expenses in an executor’s accounting are fairly common. Following certain rules will help avoid these mistakes.
Opening up a probate administration can occur in a variety of ways. View here for an overview by a Riverside estate attorney.
In this article, California probate lawyer Scott Grossman explains how title to real property is transferred to heirs or beneficiaries, in or out of probate.
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Five Differences Between an Executor vs. a Trustee in California. These two titles mean very different things and knowing the difference can help a lot!