A California Probate Code 850 Petition allows litigants to seek the transfer of real property into or out of a trust. This type of application is commonly called a Heggstad Petition. If the decedent failed to transfer all of his/her assets into a trust before dying, a California Probate Code 850 Petition (or Heggstad petition) [...]

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 [...]

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 [...]

It is common for people to make errors when attempting to probate their loved one’s estate. A People’s Choice recommends having a professional legal document preparer draft all probate documents to make sure the paperwork is accurate and properly completed. Below is an overview of the common errors in California probate that can easily be [...]

There are many steps in the California probate process, the last of which is closing the probate case. In order to close a probate estate in California, the appointed personal representative must file a petition with the probate court which reports everything he/she has done in regards to the estate. The personal representative must file [...]

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 [...]

If you have to probate an estate with lost will in California, it is not an easy task. If a will is lost, specific facts, circumstances, and state law will decide which family members inherit the decedent’s assets. For example, if the will was revoked prior to the decedent’s death, and a new will did [...]