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When is it Best to File Ancillary Probate in California?

By |March 3rd, 2018|Probate|

Ancillary probate in California is required if a person lives out-of-state but owns real property in California. Ancillary probate can be filed in California in the county where the decedent's real property is. The local California court can then appoint a Personal Representative to administer the assets in the state.

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California Probate Code 850 Petition

By |June 1st, 2017|Probate|

A California Probate Code 850 Petition allows litigants to seek the transfer of real property into or out of a trust. This type of application is commonly called a Heggstad Petition. If the decedent failed to transfer all of his/her assets into a trust before dying, a California Probate Code 850 Petition (or Heggstad petition) [...]

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Probate vs Heggstad – When Filing Probate is Better

By |April 29th, 2017|Probate|

Your loved one has passed and they had a living trust. Unfortunately you learn that one of their real estate properties was not under the name of the trust. You are faced with the decision - file a probate vs Heggstad petition. You may be surprised to learn that sometimes filling probate may be better [...]

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How to Complete Probate Inventory and Appraisal

By |January 31st, 2017|Probate|

When an estate is probated, the executor or personal representative must complete an Inventory and Appraisal. This involves a complete listing of estate assets as of the decedent's date of death. We often receive calls from individuals about how to complete probate inventory and appraisal forms. Below is a brief overview on how to complete [...]

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Multi-State Probate | California Ancillary Probate

By |January 27th, 2017|Probate|

A People’s Choice has worked with many clients who own real estate in multiple states. This may include a second home, a vacation home or property rentals. Multiple properties usually do not have an adverse effect on the probate process; however, if a person passes away with property in more than one state, this often [...]

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Common Errors in California Probate

By |January 16th, 2017|Probate|

It is common for people to make errors when attempting to probate their loved one’s estate. A People’s Choice recommends having a professional legal document preparer draft all probate documents to make sure the paperwork is accurate and properly completed. Below is an overview of the common errors in California probate that can easily be [...]

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How to Close a Probate Estate in California

By |December 29th, 2016|Probate|

There are many steps in the California probate process, the last of which is closing the probate case. In order to close a probate estate in California, the appointed personal representative must file a petition with the probate court which reports everything he/she has done in regards to the estate. The personal representative must file [...]

Notice Requirements in Probate

By |December 29th, 2016|Probate|

In California, when probating a will, all interested parties must be notified. The notice requirements in probate vary from case to case but basically include all interested parties such as beneficiaries, heirs, and the estate’s creditors. In addition, special notice may be required to various governmental agencies such as the Department of Healthcare Services and [...]

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Probate an Estate with Lost Will

By |November 11th, 2016|Probate|

If you have to probate an estate with lost will in California, it is not an easy task. If a will is lost, specific facts, circumstances, and state law will decide which family members inherit the decedent’s assets. For example, if the will was revoked prior to the decedent’s death, and a new will did [...]

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When a Minor Inherits Property in California Probate

By |November 11th, 2016|Probate, Estate Planning, Family Law|

It is not uncommon for a minor to inherit property in California probate. Minors usually inherit property in probate when the decedent dies unexpectedly or when assets are not put into a trust properly. Under California law, when a minor inherits property or a large sum of money, an estate guardian must be appointed. Upon [...]

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Probate Pricing

By |September 10th, 2016|

Pricing for Probate Document Preparation One of the most important questions when considering getting professional help for legal document preparation service is...how much is it going to cost? All of the services offered by A People's Choice are quoted on a flat fee. This fee includes preparing the standard paperwork [...]

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Handling Creditor Claims in Probate

By |July 8th, 2016|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 [...]

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

By |April 16th, 2016|, |

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 [...]

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Are there alternatives to filing probate?

By |April 16th, 2016|, |

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 [...]

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How long does California probate take?

By |April 16th, 2016|, |

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 [...]

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What is a probate asset?

By |April 16th, 2016|, |

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 [...]

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