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There are five steps to open an estate bank account. 1) File Probate; 2) Get Letters Issued; 3) Apply for Tax ID Number (EIN); 4) Select the Bank; 5) Deposit Funds and Open Account. Opening an estate bank account is not difficult if you have the correct forms. It is a good idea to hire a registered legal document assistant to help you with the probate process so there will be no delays to be able to open an estate account during probate.

Sometimes, it is necessary to sell some of the decedent's assets during probate in order to pay the debts. Another reason to sell property during probate is because selling a property and dividing the proceeds among several heirs is much easier than having the heirs share the inherited asset. California’s Probate Code has different rules that govern how to sell property during probate. The difference is whether the court grants to personal representative limited authority or full authority.

Most people never face an emergency when going through the probate process. There are certain situations, however, that lead to probate emergencies and the need to file emergency probate. This special petition is known as a Petition for Letters of Special Administration. If the Petition is approved, the Court Clerk will issue Letters of Special Administration. Letters of Special Administration are temporary Letters of authority that can be approved by the Probate Judge for a specific purpose on an ex parte basis (without a hearing).

There are many reasons to formally object to a petition for probate. If you think that there is something incorrect in a will, you can file an objection at the beginning of the probate process.  You may want to object to the appointment of a specific person petitioning to be the estate administrator. Most people who file objections are family members of the deceased person.

In California, the probate process often takes a long time. During the average 9 to 12 months of probate, someone must pay bills, sell assets when appropriate, and protect property from theft. The estate must trust that "someone," the executor, to handle the process wisely and well. In order to protect against mismanagement, you may need a probate bond. Learn about the options you may have as a personal representative of an estate.

In California, attorneys charge statutory fees to probate an estate. However, statutory attorney fees in probate are avoidable. How do you avoid paying statutory fees when you file probate in California? First and foremost, consider hiring a legal document preparer to help you. At A People’s Choice, we have helped thousands of consumers just like you to complete a California probate for a fraction of the cost charged by lawyers!

After someone dies in California, an estate may have to through probate. If the estate is large and the decedent had a Will, the first step is to get Letters Testamentary in probate. Probate in California involves many steps. Although probate is complicated, you will not likely need an attorney to handle probate in California. An experienced legal document preparer can help for most estates.

In a routine probate proceeding, the court will typically set the first probate hearing about six to eight weeks after the filing of the probate petition. Sometimes, there may be special circumstances where an administrator needs to be appointed immediately.  In this case, it is possible to ask the court for emergency Letters of Special Administration in Probate. These emergency Letters will give an individual temporary but immediate authority to act on behalf of the probate estate.

Recently, there has been an increase in online DIY services for California probate and estate planning. These services vary greatly in what services are offered. With this in mind, they all have the same theme - offering people a cheaper way to file probate for a fee that avoids paying statutory fees and is considerably cheaper than hiring a probate attorney.  Services provided by online probate services vary from platform to platform.  Here is an overview of things to look for when you compare online probate services.

California has specific laws and rules about the process required to deal with creditors and debts in California probate. It is the estate’s executor or appointed representative's responsibility to notify all creditors of the probate proceedings. This notification allows creditors to make and file formal claims against the probate estate. It is important to note that creditors and interested parties usually have a limited amount of time to file a claim.

A probate conservatorship in California occurs when the court appoints a responsible person (conservator) to care for another adult (conservatee). Specifically, a conservator is appointed to care for a conservatee when the court decides that the conservatee is unable to care for his or her own well-being or finances.

Do you need to prepare a supplement to clear probate notes? Probate notes provide an overview of the matter set for hearing and highlight errors and deficiencies in the probate petition. Here is information you will need prepare a supplement to clear probate notes so the court can approve your upcoming probate hearing.

Probate Examiners review all filed probate petitions before they are submitted to the judge. The court may reject the probate petition if not completed properly or is missing critical information. This article will explain what a supplement is and how to fix the probate calendar notes so the hearing can be approved.