Is probate administration required when there is no will (CA)?
Detailed Answer Short answer: Not always. In California, probate administration is required only when the decedent owned assets that must pass through probate. Many estates avoid full probate because assets pass outside probate or qualify for simplified non‑probate procedures. Whether you must open probate depends on the types, ownership, and total value of the deceased […]
Read article →How can one close an estate bank account and obtain the required closing statement? (CA)
Detailed answer — Closing an estate bank account in California and getting the required closing statement When someone dies, the estate's bank accounts often must be managed and then closed by the person authorized to handle the estate (the personal representative, often called the executor if named in a will). Closing an estate account and […]
Read article →How to properly document and file receipts for payments to heirs or service providers in an estate — CA
How to properly document and file receipts for payments to heirs or service providers in an estate Disclaimer: This article is educational only and is not legal advice. If you need help with a specific estate administration, consult a California-licensed attorney or the probate court. Detailed Answer — practical steps for California estate administrators When […]
Read article →What steps ensure third-party claims and payments are accurately recorded in probate filings? (CA)
How to record third-party claims and payments accurately in California probate filings Short answer: Follow California probate notice rules, require written claims, verify documentation, record allowance or rejection formally, include all payments and receipts in the decedent’s probate accounting, and keep clear supporting records. Doing each step carefully reduces disputes, prevents double payments, and helps […]
Read article →How can next of kin qualify to be appointed as the estate administrator? — California (CA)
Detailed Answer Short overview: When someone dies without a valid will or when a named executor cannot or will not serve, a court appoints an administrator (also called a personal representative) to manage the decedent's estate. In California a next of kin can qualify to be appointed by following the statutory process, meeting basic eligibility […]
Read article →What documents are required to apply for probate appointment and oath — California (CA)
FAQ: Documents Required to Apply for Probate Appointment and the Executor’s Oath in California Short answer: To open a probate and be appointed as personal representative (executor or administrator) in California you generally need the original will (if any), a certified copy of the death certificate, a completed Petition for Probate, required probate court forms […]
Read article →Which statements and financial documents are required for annual and final probate accountings in California (CA)?
Detailed Answer — What statements and financial documents are required for annual and final probate accountings in California? This article explains, in plain language, what a personal representative (executor, administrator, conservator, or guardian) typically must include when preparing annual and final probate accountings in California. It uses a short hypothetical to make the rules concrete. […]
Read article →What steps can heirs take to resolve an elective share dispute through mediation in California (CA)?
Disclaimer: This is general information, not legal advice. For guidance specific to your situation, consult a California probate attorney before taking action. Detailed Answer — How heirs can resolve an elective share dispute through mediation in California An elective-share dispute arises when a surviving spouse asserts a statutory claim against a deceased spouse’s estate that […]
Read article →What is the process for negotiating a creditor’s payoff amount in estate administration? (CA)
FAQ: How do you negotiate a creditor’s payoff amount during estate administration in California? Short answer: The estate representative (executor or administrator) must first identify and evaluate each claim, confirm whether the claim is valid and secured or unsecured, and then negotiate with the creditor toward a written compromise or dispute the claim in probate […]
Read article →What steps can be taken to verify or contest a creditor’s payoff quote on an estate debt? (CA)
How to verify or contest a creditor’s payoff quote on an estate debt This FAQ-style article explains step-by-step how to verify and, if needed, contest a creditor’s payoff quote when handling an estate under California law. It assumes no prior legal knowledge and focuses on practical actions you can take, documentation to request, and procedural […]
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