Inlcudes Probate and Conservatorships.
One of the most important duties of an estate’s personal representative is to “marshal” estate assets to be included in the estate for distribution to the lawful beneficiaries, creditors, and other interested parties. This basically means that when a new estate is opened, the personal representative is legally required to locate and take charge of…
One of the main purposes of setting up a Trust is to avoid the time and expenses associated with a California probate proceeding. Sometimes, however, an estate asset is inadvertently left out of the trust document, and it’s too late to add it to the trust because the deceased has since passed away. California Probate…
A personal representative is responsible for overseeing the estate, settling debts, and allocating assets according to the will’s directives. One of the personal representative’s first tasks when settling an estate involves lodging the will with the appropriate county court. This article explains the process under California law. Where to Lodge the Will Lodging of the…
Probating a will can be a time-consuming and expensive process. To alleviate these problems for smaller estates, California has enacted California Probate Code 13050, et seq. This statutory scheme provides a procedural mechanism that allows a beneficiary to inherit a small estate easily and cost-effectively, without spending the time and money required for a formal…
A will is a legal document that directs the disposition of the deceased’s assets after death. If someone close to you has died and you are responsible for finding a will, here is some guidance on how to accomplish that objective. In short, if the person who made the will is still living, the…
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…