What is Court Call?

Court Call is a service that allows parties in a court case to appear at their scheduled hearing by the phone. If you are unable to personally attend the hearing as scheduled, some courts allow you to appear by phone through CourtCall. CourtCall is a service that allows parties to appear at a hearing by [...]

By |2018-09-13T10:29:06-08:00June 15th, 2018|, |Comments Off on What is Court Call?

What should you bring to your probate hearing?

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, [...]

By |2018-06-17T17:49:07-08:00June 13th, 2018||Comments Off on What should you bring to your probate hearing?

What is a waiver of accounting?

A waiver of accounting is a voluntary waiver by all heirs and beneficiaries that eliminates a very time-consuming and expensive accounting process by the Personal Representative. In order for a probate estate to be closed, the court requires the filing of a petition for final distribution. When the petition for final distribution is filed, the [...]

By |2018-06-17T17:49:39-08:00May 14th, 2017||Comments Off on What is a waiver of accounting?

How do I open an estate bank account?

Most representatives will need to open an estate bank account after probate has been filed. Once you open an estate bank account, decedent’s savings and checking accounts, if any, are typically transferred into the estate’s name. In order to open an estate bank account, you will need to present a certified copy of the Letters [...]

By |2018-06-17T17:50:07-08:00April 16th, 2016||Comments Off on How do I open an estate bank account?

Why is the probate court requiring a bond?

A probate bond is an insurance policy for associated parties of the decedent should the executor breach a fiduciary duty while administering the decedent's estate during probate. The bond's size generally correlates with the estate's size.  For example, per Probate Code § 8482(a)(1)-(3), "the court in its discretion may fix the amount of the bond, [...]

By |2018-06-17T17:50:07-08:00April 16th, 2016||Comments Off on Why is the probate court requiring a bond?

How big does an estate have to be to require probate?

Estates that have a gross value of over $150,000 of personal property (assets consisting of cash, stocks, and tangible personal items) normally require probate. Any estate that includes real property worth more than $50,000 requires probate, however there are small estate proceedings that can be used to settle estates having real property valued under $150,000. [...]

By |2018-06-17T17:50:07-08:00April 16th, 2016||Comments Off on How big does an estate have to be to require probate?

Are there alternatives to filing probate?

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 $150,000, 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 [...]

By |2018-06-17T17:50:07-08:00April 16th, 2016||Comments Off on Are there alternatives to filing probate?

What costs are involved in probate?

There are many third-party costs associated with filing a California probate proceeding. These costs are in addition to professional document preparation services or attorney fees should you hire a professional to help you. A typical estate may incur $1,000 to $2,000 in court costs and other mandated fees. A list of common third-party costs in [...]

By |2018-06-17T17:50:08-08:00April 16th, 2016||Comments Off on What costs are involved in probate?

How is an estate distributed when there is no will?

If a person dies without a will or trust, their estate will be distributed according to California intestate succession laws. Generally speaking, intestate succession laws in California state that a person’s estate will be distributed in the following order: 1. Spouse 2. Children 3. Parents (if you have no children) 4. Siblings (if you have [...]

By |2018-06-17T17:50:08-08:00April 16th, 2016||Comments Off on How is an estate distributed when there is no will?