Probate of Estate

Generally, the deceased person’s estate is responsible for paying any unpaid debts. If there is no money or property left, then the debt generally will not be paid.  While there are exceptions to this rule, discussed below, no law automatically saddles a family member with the debts of a deceased relative. The Estate is Generally…

There are different ways to probate a Will in Texas.  One little known option available in Texas and a few other states is a Muniment of Title proceeding.  This is a court action where the court admits a will to probate solely to establish title to personal and real property. Benefits of a Muniment of…

Probate is the court process of transferring a decedent’s assets into the names of the lawful heirs or beneficiaries. If the decedent owned property held solely in his or her name and without a designated beneficiary, there is no way for the beneficiaries to obtain legal ownership without going through the probate process. So, when…

What Is An Ancillary Probate Proceeding? If a person dies owning assets in his or her sole name or as a tenant in common, those assets will need to be probated in order to transfer them from the decedent to the names of the decedent’s heirs or beneficiaries. Probate typically occurs in the County where…

Probate is a legal process through which the court oversees the distribution of the decedent’s assets according to his or her Will, or applicable law when there is no Will. There are ways to avoid the time and expenses associated with a probate proceeding. Here are the most common ways to transfer ownership of an…

Probating a California estate can be challenging for estate administrators or executors who are unfamiliar with the process. The degree of difficulty in completing probate typically depends on the size and nature of the assets to be administered, the number of parties involved in the process, and whether there are disputed issues among the parties….

If you feel you that you have been, or may be wrongfully disinherited from a will in California, you should act quickly to make sure your property interests are protected. You must timely file papers with the probate court to contest the validity of the will or else run the risk of losing your right…

Purpose Of An Inventory And Appraisal An inventory and appraisal is a required filing in a California probate proceeding. The inventory and appraisal is a single document that (1) inventories the property in the decedent’s estate and (2) contains an appraisal of the property in the inventory. California Probate Code section 8800(a). Contents Of An…

A will is a document that directs what happens to your property when you die. The validity of a will is determined when it is executed, according to the laws of the state where you reside at the time it was made. In general, a will must be written, signed by the testator, and witnessed…

Intestate succession laws come into play when you die without a will. In that scenario, your assets will go to your closest relatives under California intestate succession laws. Here are the basics about how intestate succession works in California. Which Assets Are Not Affected By Intestate Succession Rules? Only assets that would have passed through…