How to Deal With Creditors and Debts in California Probate California has specific laws and rules about the process required to deal with creditors and debts in California probate. It is the estate’s executor or appointed representative's responsibility to notify all creditors of the probate proceedings. This notification allows creditors to make and file formal claims against the probate estate. It is important to note that creditors and interested parties usually have a limited amount of time to file a claim. By Sandra McCarthy|September 3rd, 2018|Probate|Comments Off on How to Deal With Creditors and Debts in California Probate Read More
How to Lodge a Will in California and File Probate Most Executors have a hard time giving up possession of a decedent's original will. However, by law, the custodian of an original will must lodge the will with the Superior Court within 30 days of learning of the testator’s death. This is a statutory requirement under California Probate Code Section 8200. Keep in mind, the custodian can face legal penalties if they do not lodge a will in a timely fashion. By Sandra McCarthy|July 11th, 2018|Probate, Estate Planning|Comments Off on How to Lodge a Will in California and File Probate Read More
What is a Probate Conservatorship in California? A probate conservatorship in California occurs when the court appoints a responsible person (conservator) to care for another adult (conservatee). Specifically, a conservator is appointed to care for a conservatee when the court decides that the conservatee is unable to care for his or her own well-being or finances. By Sandra McCarthy|July 11th, 2018|Probate|2 Comments Read More
How to Prepare a Supplement to Clear Probate Notes Do you need to prepare a supplement to clear probate notes? Probate notes provide an overview of the matter set for hearing and highlight errors and deficiencies in the probate petition. Here is information you will need prepare a supplement to clear probate notes so the court can approve your upcoming probate hearing. By Sandra McCarthy|May 3rd, 2018|Probate|Comments Off on How to Prepare a Supplement to Clear Probate Notes Read More
How to Get an Emergency Conservatorship California law allows family members to get an emergency conservatorship for their loved one. A conservatorship is a court process which legally enables another person to make decisions about another person’s finances and health. The facts required to get an emergency conservatorship can found in California Probate Code. By Sandra McCarthy|May 1st, 2018|Probate|Comments Off on How to Get an Emergency Conservatorship Read More
Probate Calendar Notes and How to Fix Them Probate Examiners review all filed probate petitions before they are submitted to the judge. The court may reject the probate petition if not completed properly or is missing critical information. This article will explain what a supplement is and how to fix the probate calendar notes so the hearing can be approved. By Sandra McCarthy|April 21st, 2018|Probate|Comments Off on Probate Calendar Notes and How to Fix Them Read More
California Probate Timeline (a Video) California probate can be broken down into separate phases, 1) preparing the initial petition and attending the hearing; 2) handling debts; 3) itemizing property and 4) distributing assets. This video explains the California probate timeline. By Sandra McCarthy|March 20th, 2018|Personal, Probate|Comments Off on California Probate Timeline (a Video) Read More
Facts to Know About California Inheritance Laws California inheritance laws also known as intestate succession laws, outline how the decedent's property passes to his/her immediate family members or other heirs down the line of genealogy. In other words, if you don't have a Will or estate plan, California inheritance laws determine who gets what when you die. By Sandra McCarthy|March 4th, 2018|Estate Planning, Probate|43 Comments Read More
When is it Best to File Ancillary Probate in California? Ancillary probate in California is required if a person lives out-of-state but owns real property in California. Ancillary probate can be filed in California in the county where the decedent's real property is. The local California court can then appoint a Personal Representative to administer the assets in the state. By Sandra McCarthy|March 3rd, 2018|Probate|Comments Off on When is it Best to File Ancillary Probate in California? Read More
How to Sell Real Property During Probate in California Do you need help to sell real property during probate in California?A People’s Choice can prepare all required documents and notices to sell real property during probate. without relying on the expertise of an attorney. Read on to learn more about how to sell real property during probate in California. By Sandra McCarthy|February 5th, 2018|Probate|4 Comments Read More