California Probate Legal Archives: General legal news, resources and more for consumers seeking information about the California probate process, alternatives to California probate, how an individual can avoid probate and other probate-related issues.

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 |September 3rd, 2018|Probate|Comments Off on How to Deal With Creditors and Debts in California Probate

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 |July 11th, 2018|Probate, Estate Planning|Comments Off on How to Lodge a Will in California and File Probate

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 |May 3rd, 2018|Probate|Comments Off on How to Prepare a Supplement to Clear Probate Notes

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 |May 1st, 2018|Probate|Comments Off on How to Get an Emergency Conservatorship

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 |April 21st, 2018|Probate|Comments Off on Probate Calendar Notes and How to Fix Them

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 |March 20th, 2018|Personal, Probate|Comments Off on California Probate Timeline (a Video)

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 |March 3rd, 2018|Probate|Comments Off on When is it Best to File Ancillary Probate in California?