When is it Best to File Ancillary Probate in California? By Sandra McCarthy|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. Read More Comments Off on When is it Best to File Ancillary Probate in California?
California Probate Blog And News By Sandra McCarthy|February 26th, 2018| Read More Comments Off on California Probate Blog And News
How to Sell Real Property During Probate in California By Sandra McCarthy|February 5th, 2018|Probate| Do you need help to sell real property during probate in California?A People’s Choice can prepare all required documents and notices to sell real property during probate. without relying on the expertise of an attorney. Read on to learn more about how to sell real property during probate in California. Read More 4
California Statutory Probate Attorney Fee Calculator By Sandra McCarthy|October 31st, 2017| Read More Comments Off on California Statutory Probate Attorney Fee Calculator
California Probate Code 850 Petition By Sandra McCarthy|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) [...] Read More Comments Off on California Probate Code 850 Petition
Probate vs Heggstad – When Filing Probate is Better By Sandra McCarthy|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 [...] Read More Comments Off on Probate vs Heggstad – When Filing Probate is Better
How to Complete Probate Inventory and Appraisal By Sandra McCarthy|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 [...] Read More Comments Off on How to Complete Probate Inventory and Appraisal
Multi-State Probate | California Ancillary Probate By Sandra McCarthy|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 [...] Read More Comments Off on Multi-State Probate | California Ancillary Probate
Common Errors in California Probate By Sandra McCarthy|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 [...] Read More Comments Off on Common Errors in California Probate
How to Close a Probate Estate in California By Sandra McCarthy|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 [...] Read More 4
Notice Requirements in Probate By Sandra McCarthy|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 [...] Read More Comments Off on Notice Requirements in Probate
Probate an Estate with Lost Will By Sandra McCarthy|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 [...] Read More Comments Off on Probate an Estate with Lost Will
When a Minor Inherits Property in California Probate By Sandra McCarthy|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 [...] Read More Comments Off on When a Minor Inherits Property in California Probate
Reverse Mortgage and Probate in California By Sandra McCarthy|November 11th, 2016|Probate, Estate Planning| Are you curious how a reverse mortgage is handled in probate? Do you know what a reverse mortgage is? Reverse mortgages are like traditional mortgages. If the homeowner dies, the reverse mortgage becomes due and payable in full. As a result, the estate beneficiaries must act promptly to pay off the loan amount to prevent [...] Read More 2
Probate Pricing By Sandra McCarthy|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 [...] Read More Comments Off on Probate Pricing
Handling Creditor Claims in Probate By Sandra McCarthy|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 [...] Read More Comments Off on Handling Creditor Claims in Probate
How big does an estate have to be to require probate? By Sandra McCarthy|April 16th, 2016|Probate Column 1, Probate FAQs| 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 [...] Read More Comments Off on How big does an estate have to be to require probate?
Are there alternatives to filing probate? By Sandra McCarthy|April 16th, 2016|Probate Column 1, Probate FAQs| 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 [...] Read More Comments Off on Are there alternatives to filing probate?
How long does California probate take? By Sandra McCarthy|April 16th, 2016|Probate Column 1, Probate FAQs| 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 [...] Read More Comments Off on How long does California probate take?
What is a probate asset? By Sandra McCarthy|April 16th, 2016|Probate Column 2, Probate FAQs| 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 [...] Read More Comments Off on What is a probate asset?