On its face, the DE-111 petition for probate looks fairly simple. We often receive calls from people who wonder why they need to hire someone to prepare such a simple-looking document. Unfortunately, to file a DE-111 petition for probate you will need several different forms and attachments. Although the DE-111 appears, on its face, to be somewhat simple, the completed documents with the required special attachments can be complicated. Surprisingly, a properly completed Petition is typically 15-20 pages!
Most people never face an emergency when going through the probate process. There are certain situations, however, that lead to probate emergencies and the need to file emergency probate. This special petition is known as a Petition for Letters of Special Administration. If the Petition is approved, the Court Clerk will issue Letters of Special Administration. Letters of Special Administration are temporary Letters of authority that can be approved by the Probate Judge for a specific purpose on an ex parte basis (without a hearing).
In a routine probate proceeding, the court will typically set the first probate hearing about six to eight weeks after the filing of the probate petition. Sometimes, there may be special circumstances where an administrator needs to be appointed immediately. In this case, it is possible to ask the court for emergency Letters of Special Administration in Probate. These emergency Letters will give an individual temporary but immediate authority to act on behalf of the probate estate.
Recently, there has been an increase in online DIY services for California probate and estate planning. These services vary greatly in what services are offered. With this in mind, they all have the same theme - offering people a cheaper way to file probate for a fee that avoids paying statutory fees and is considerably cheaper than hiring a probate attorney. Services provided by online probate services vary from platform to platform. Here is an overview of things to look for when you compare online probate services.
A formal probate proceeding and can be expensive and time-consuming. In this regard, California law provides for alternatives to formal probate that are easier and less expensive. It is often possible to avoid probate. So, when is probate necessary in California and are there way to avoid having to file probate? This article explains what you need to know.
Trying to prepare a California Petition for Probate? Here are instructions to fill out a petition for probate California form DE-111 and how to start the probate process. There's a downside, however, and you may want to hire a legal document assistant to help with the paperwork and avoid problems with your documents.
Your loved one has passed and they had a living trust. Unfortunately you learn that one of their real estate properties was not under the name of the trust. You are faced with the decision - file a probate vs Heggstad petition. You may be surprised to learn that sometimes filling probate may be better [...]
A People’s Choice has worked with many clients who own real estate in multiple states. This may include a second home, a vacation home or property rentals. Multiple properties usually do not have an adverse effect on the probate process; however, if a person passes away with property in more than one state, this often [...]
In California, when probating a will, all interested parties must be notified. The notice requirements in probate vary from case to case but basically include all interested parties such as beneficiaries, heirs, and the estate’s creditors. In addition, special notice may be required to various governmental agencies such as the Department of Healthcare Services and [...]
There are several steps involved in the California probate process. From probating a will, to distributing assets, making sure you comply with each step throughout the probate process is critical. In particular, the probate examiner can help you address any discrepancies within the probate petition prior to the hearing. The probate notes will also identify [...]