What is a probate asset?

Assets that are solely in the name of the decedent are generally probate assets. Assets that can transferred through pay-on-death provisions are not considered probate assets. For example, if an asset is owned in joint tenancy (but not if it is owned in tenancy in common) or there is a named beneficiary designated to receive [...]

By |2021-03-17T14:26:19-07:00April 16th, 2016|, |Comments Off on What is a probate asset?

Can a minor receive property in probate?

Usually property cannot be distributed to minor unless a guardian has been appointed for the minor’s estate. There are some exceptions, however, if the amount to be distributed is small, the decedent’s will names a custodian to receive the minor’s property or the minor has a court-appointed guardian. If there is no appointed guardian, and [...]

By |2021-03-17T14:18:21-07:00April 15th, 2016|, |Comments Off on Can a minor receive property in probate?

What are Letters in probate?

Letters can be more easily understood as being the estate representative's "proof of authority" as the estate representative in a probate proceeding. Letters Testamentary are issued to the estate representative when the decedent had a will. Letters of Administration are issued when the decedent did not have a will. Letters are issued by the Court [...]

By |2021-03-17T14:16:56-07:00April 15th, 2016|, |Comments Off on What are Letters in probate?

When can a probate be closed?

The probate estate may be closed any time after the expiration of the creditor’s claim period (four months from the date letters are issued) if all debts and taxes have been paid or sufficiently secured, and no problems prevent the estate from being closed. In order to close the estate, the personal representative must file [...]

By |2021-03-17T14:16:47-07:00April 15th, 2016|, |Comments Off on When can a probate be closed?

What happens after Letters are issued?

After Letters are issued in a California probate, there is a four-month waiting period before the estate may be closed and distributed, during which time the creditors are allowed to file their claims. During this time, all bank accounts in the decedent’s name should be transferred to estate accounts in your name as the estate [...]

By |2021-03-17T14:16:07-07:00April 15th, 2016|, |Comments Off on What happens after Letters are issued?

What are probate calendar notes?

In larger counties, after a petition is filed, someone from the court examines the probate petition before the hearing to see if it is complete and conforms to certain requirements. Notes and notations are made by the examiner several days before the hearing. Often you can access these probate notes on line through the court’s [...]

By |2021-03-17T14:16:39-07:00April 15th, 2016|, |Comments Off on What are probate calendar notes?

What is a probate referee?

A “probate referee” appraises certain assets in the estate as of the date of the decedent’s death. After the Order for Probate is signed and the referee appointed by the court, the estate representative is responsible for preparing the inventory of the assets subject to probate for the referee to appraise. This is done on [...]

By |2021-03-17T14:16:07-07:00April 15th, 2016|, |Comments Off on What is a probate referee?

How do you start the probate process?

You start the probate proceeding by filing a petition and supplemental preliminary documentation required, with the clerk of the Superior Court in the county where the decedent resided at the time of his death, no matter where he died or left property. The person requesting to be appointed the estate representative files the probate petition. [...]

By |2021-03-17T14:16:07-07:00April 15th, 2016|, |Comments Off on How do you start the probate process?

Who can represent the estate in a probate proceeding?

The estate representative (executor or administrator) represents the estate in a court proceeding.  If there is a will which names an executor, that person is the estate representative. If there is no will (the decedent died intestate), the court will choose the estate representative who is called an “administrator.” If there is a will but [...]

By |2021-03-17T14:16:07-07:00April 15th, 2016|, |Comments Off on Who can represent the estate in a probate proceeding?