California Probate Blog And News2020-05-14T14:53:59-07:00

What are Letters Testamentary?

In order to settle a California estate, the personal representative or heir must obtain the court’s permission to carry out their duties. Therefore, they must petition the court for either letters testamentary or letters of administration for this permission. Read on to learn more about letters testamentary and how to obtain an order to administer your loved one’s estate.

California Probate Information

You can find all the California probate information you need on the website of the courts in your county.  You might get overwhelmed when you see the amount of paperwork or read about the process of selling property that belongs to the estate. Unfortunately, California probate can appear complicated if you do not know what you are doing. It is helpful to work with someone who has dealt with a lot of probate forms before, such as a professional legal document assistant.

By |May 9th, 2020|Categories: Probate|Tags: , |0 Comments

Introduction to Probate Law in California

The main purpose of probate law in California is to make sure the deceased person’s assets get passed on to the people he or she wants to inherit them. Through this process, the court resolves the deceased person’s other unresolved financial matters. The lifecycle of an estate lasts only as long as the probate process. At the end of probate, the estate settles, and the heirs collect their inheritance.

What Does Probate Mean?

Probate is a scary-sounding word, but the probate process is not that scary. You might think that you have to answer all sorts of prying questions and pay for expensive legal counsel to collect your inheritance. Probate also has a reputation for being a place for estranged family members to say terrible things about each other, like a never-ending divorce under the specter of death. Complicated probate disputes make for eminently clickable journalism, but fortunately, they are not the norm. So, what does probate mean? We can help explain. 

Understanding California Probate Examiner Notes

Understanding the role a probate examiner plays in the probate process, as well as what their notes mean, can help save you time and money during probate. In fact, maintaining an active role in the note process can buy you time to obtain any supplemental materials the court requires to settle the estate as quickly as possible.

Probate of a Will or Estate in California

Probate of a will or estate usually takes nine months to a year, unless there is a dispute over the deceased person’s intentions. Fortunately, probate does not have to be expensive. If the estate of which you are in charge has a value that does not exceed $166,250, you can do a simplified probate alternative instead of the full probate. These alternative processes are faster than full probate, and they cost less. If the estate is worth more than that the process is a bit more involved but you may not need a lawyer. 90% of probate is paperwork, and in the case of the simplest probate alternatives, 100% is paperwork. You do not need a lawyer for probate of a will or estate, just an expert in probate court documents, such as a non-attorney legal document assistant.

California Probate Proceedings

A People's Choice can help you understand the complexities surrounding California probate proceedings and help you file probate in California without an attorney. You don't need to hire an attorney to handle most California probate proceedings, and can easily complete probate with a registered legal document assistant.

Probate Form 13100 Affidavit For Small Estates

Under certain circumstances, personal property may be transferred to the decedent’s successors without a formal probate court process. Under California’s Probate Code Section 13100-13116, the successors in interest may file a small estate affidavit with the person or institution which has custody of the property for personal property with total value under $166,250.

How to Fill Out Petition for Probate Paperwork for California

Trying to prepare a California petition for probate on your own? We've created step-by-step self-help instructions for anyone filling out a petition for probate California form DE-111. However, this paperwork and its required documents can get complicated; in fact, you may want to hire a legal document assistant to help avoid any issues or deficiencies with your probate.

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