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.

When a Minor Child Inherits Property

It is not uncommon for a minor child to be named as a beneficiary in a will. In California, minor children are not allowed to inherit large sums of money outright. When a minor child inherits property, a guardian of the child’s estate must be appointed until the child turns 18-years-old or is deemed mature [...]

By |August 23rd, 2016|Family Law, Probate|Comments Off on When a Minor Child Inherits Property

Handling Creditor Claims in 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 [...]

By |July 8th, 2016|Probate|Comments Off on Handling Creditor Claims in Probate

California Conservatorship For Developmentally Disabled

A limited conservatorship for developmentally disabled individuals is when a judge appoints another person (conservator) to help a developmentally disabled adult (conservatee). The conservatee is a person who suffers from a developmental disability which, as a result, makes them unable to provide for some of their personal and/or financial needs. A person is deemed developmentally [...]

By |June 28th, 2016|Probate|Comments Off on California Conservatorship For Developmentally Disabled

Powers of a Limited Conservatorship

A limited conservatorship is a legal process when a judge orders a responsible person, also called a conservator, to care for an adult who has a developmental disability (conservatee). As an illustration, an adult who has a developmental disability means they suffer from a severe or chronic disability due to a mental illness or physical [...]

By |June 28th, 2016|Probate|Comments Off on Powers of a Limited Conservatorship

The Basics of a Limited Conservatorship

A limited conservatorship in California is when a court has appointed someone to oversee the care of an adult who does not have the ability to fully take care of themselves. If an adult is caring for another adult with special needs, the caregiver can ask a court of law to appoint him or her as a conservator of [...]

By |November 24th, 2014|Estate Planning, Probate|Comments Off on The Basics of a Limited Conservatorship

How to Make a Will in California: Types & Requirements

One of the most basic forms of estate planning is preparing your will. A will can be extensive and cover every detail of dividing your property, naming guardians for minor children, and executors for your will. Alternatively, it can be a simple document dealing primarily with property distribution. If you have a living trust, having [...]

By |June 2nd, 2014|Estate Planning, California Courts, Probate|Comments Off on How to Make a Will in California: Types & Requirements

How to File a California Spousal Property Petition

A California spousal property petition can transfer community and separate property to a spouse after death. If assets are not in the name of both parties, the court may need to confirm a spouse's right to the decedent's interest. A California spousal property petition will establish this spousal interest.

By |April 19th, 2014|Probate, Estate Planning|Comments Off on How to File a California Spousal Property Petition