California: How to Get an Accounting of Estate Assets During Probate
Detailed Answer Short answer: Yes — under California law beneficiaries, heirs, and other interested persons can ask the probate court to require an executor or administrator to provide a full accounting of estate assets and transactions. You can often request the accounting informally first, and if that fails you can file a formal petition in […]
Read article →Qualifying as Administrator of a Sibling’s Estate in California (No Will)
Detailed Answer Hypothetical facts: Your brother or sister died intestate (without a valid will) in California and you want to serve as the person in charge of settling their estate. When someone dies without a will in California, the court appoints a personal representative (often called an administrator or executor) to collect assets, pay debts, […]
Read article →Recovering Funeral Expenses and Pre-Settlement Costs in California
How to Recover Funeral Costs and Other Expenses You Paid Before an Estate Is Settled (California) Short answer: In California you can often be reimbursed from the decedent’s estate for reasonable funeral expenses and certain other payments you made on behalf of the decedent, but you must follow the probate process (or a small‑estate procedure) […]
Read article →California: Can an Estranged Spouse Still Claim an Estate If Divorce Wasn't Final?
What Happens If a Divorce Wasn’t Final — Can an Estranged Spouse Still Claim Under the Estate? Short answer: In California, if the divorce was not legally finalized before a person died, the surviving spouse is still the legal spouse for estate purposes. That surviving spouse usually retains statutory rights to community property, intestate shares, […]
Read article →Can a consent order be used to skip the court hearing and distribute the sale money by agreement? (CA)
Detailed Answer Short answer: sometimes. Under California law a signed consent order (sometimes called a stipulated judgment or agreed order) can let parties avoid a contested hearing and direct how sale proceeds are distributed — but whether it will work depends on the type of sale, applicable statutes or court rules, and whether a judge […]
Read article →What steps do I need to take to re-record or update a joint survivorship deed after co-owners died (CA)
Detailed Answer — How to re-record or update a joint survivorship deed after co-owners die (California) Short answer: If the deed created a valid joint tenancy (or community property with right of survivorship), ownership automatically passes to the surviving joint tenant(s) when a co-owner dies. To reflect that change in the public record you generally […]
Read article →How do I force my sibling to give me a copy of our parents’ estate plan in California (CA) after he ignored my formal request?
Detailed Answer Short answer: Your options in California depend on whether your parents are alive or deceased and whether the part of the estate plan you want is a trust, a will, a power of attorney, or a health care directive. If the document is a trust, California law gives beneficiaries a statutory right to […]
Read article →What can I do if the personal representative sends me a payment without explaining how he calculated my share of the estate? (CA)
FAQ: Your Options When a California Personal Representative Sends a Payment Without Explaining the Calculation Short answer: In California you have the right to ask the personal representative (executor/administrator) for a written accounting and an explanation of how your share was calculated. If the representative refuses or the explanation seems incomplete or incorrect, you can […]
Read article →What documentation is required to prove I'm the next of kin and qualify as administrator in a reopened estate? (CA)
How to prove next-of-kin status and qualify as administrator in a reopened California estate Quick overview If a probate estate is reopened in California and you want to be appointed as the administrator (personal representative) because the decedent died intestate or a prior representative is unavailable, the court will require clear proof of your relationship […]
Read article →What steps do I need to take when the original estate administrator has died before completing the probate? (CA)
FAQ: Steps to Take When the Original Estate Administrator Dies Before Probate Is Completed California probate guidance — not legal advice. Short answer If the person appointed to administer an estate (the executor or administrator) dies before finishing probate in California, the court will appoint a successor personal representative. You should immediately secure the estate, […]
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