Although only about 20% of all probate filings get approved at the first hearing, if your case is one of the lucky ones and all goes well, the Order for Probate will be approved. At that point, the Court Clerk can issue the Letters. "Letters" is the document of authority that starts the probate timeline [...]

This is a question that clients regularly ask just before their scheduled hearing. In probate cases, there is typically a court order that is issued by the court based on the outcome of the hearing. In this regard, if the Order can be lodged with the court before the hearing, we will do so. Unfortunately, [...]

Estates that have a gross value of over $166,250 (if decedent died before April 1, 2022) or $184,500 (if decedent died after April 1, 2022) of personal property (assets consisting of cash, stocks, and tangible personal items) normally require probate. Any estate that includes real property worth more than $55,425 (if decedent died before April [...]

In California, there are several alternatives to the full, formal probate. Some of these are: If the total gross value of a deceased person’s personal property does not exceed $166,250, a non-court affidavit procedure may be used on behalf of the beneficiaries to avoid a “full” probate. If the gross value of a decedent’s real [...]

If there are no unusual problems, a typical California probate proceeding can be concluded in approximately seven to twelve months. Due to crowded court calendars, hearings are often held six to ten weeks after the initial probate petition is filed. After Letters of Administration are issued, there is a mandatory four-month creditor claim period. There [...]

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 [...]

Anyone who winds up a deceased person’s affairs must see that all legitimate debts are paid. Claims are received two ways – formally and informally. At the formal level, the Notice of Petition to Administer Estate published in the newspaper gives legal notice to all creditors to file their claims within four months after issuance [...]