There are five steps to open an estate bank account. 1) File Probate; 2) Get Letters Issued; 3) Apply for Tax ID Number (EIN); 4) Select the Bank; 5) Deposit Funds and Open Account. Opening an estate bank account is not difficult if you have the correct forms. It is a good idea to hire a registered legal document assistant to help you with the probate process so there will be no delays to be able to open an estate account during probate.
Probate is the process through which the court settles the financial affairs of a recently deceased person. The process can take 2-12 months, and most people do not need to hire a lawyer to get through it. Some people choose to hire an expensive lawyer and then work with the attorney's California probate paralegal. But there is another choice. Hiring a registered legal document assistant (LDA) for help with your probate forms is a better idea that will save the estate thousands of dollars!
In order to get Letters of administration, a full probate is filed that requests the court to name as personal representative of the estate. The court issues Letters of Administration when there 1) is no will; 2) when there is a will, but the will doesn't name an executor; or 3) the named executor is deceased and there is no alternate person named to act.
Potential probate clients who phone our office often ask "what are the costs to probate in California?" Not surprising, the answer will depend on who you choose to help you with the process. Most lawyers charge by the hour or collect a flat fee when representing clients. However, when filing a California probate, statutory provisions [...]
When an estate is probated, the executor or personal representative must complete an Inventory and Appraisal. This involves a complete listing of estate assets as of the decedent's date of death. We often receive calls from individuals about how to complete probate inventory and appraisal forms. Below is a brief overview on how to complete [...]
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 [...]
At A People’s Choice, we can help you file probate in Orange County. Hiring an Orange County probate attorney is expensive. This is in large part due to the statutory fees Orange County probate attorneys can charge for high valued estates. Attorneys are not paid based on how complex the probate case is, but rather [...]
When a person passes away, and leaves behind a will, the estate’s executor will need to probate the will. The administration of the will ensures the decedent’s debts are paid prior to beneficiaries receiving their inheritance. The fiduciary duties of the executor may require getting a bond in probate.When a will is admitted into probate, [...]
The Letters issued by the Court grant authority to the Personal Representative to administer a decedent's estate under the Independent Administration of Estates Act. The court can grant the representative Full or Limited Authority. This authority includes a wide range of rights and responsibilities, one of which is handling creditor claims in probate. How to [...]