Probate in California | CA Legal Resources | FastCounsel

How to Manage and Prioritize Creditor Claims During Estate Administration in CA

Detailed Answer When you administer an estate in California, you must manage creditor claims in a timely and orderly way. The Probate Code sets deadlines and priorities for claims. Follow these steps: 1. Identify and Notify Creditors Under Probate Code § 9100, you must mail notice to known creditors within two months of your appointment. […]

Read article →

What procedures ensure estate expenses and creditor claims are addressed before distributing assets to heirs in California?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under California law, the probate process ensures that estate expenses and creditor claims are addressed before any assets reach heirs. Key steps include: Opening Probate and Appointing a Personal Representative. A petition filed in the decedent’s county probate court […]

Read article →

What Options Exist for Selling or Auctioning Personal Property to Reimburse Estate Expenses and Equalize Distributions Among Heirs in California?

Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your unique circumstances. 1. Court-Authorized Sale Under Probate Code When an estate goes through probate in California, the personal representative (executor or administrator) may sell estate personal property to pay debts, funeral expenses, […]

Read article →

What information and documentation are required to verify all individuals with an interest in real property in California?

Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation. Detailed Answer Under California law, verifying all individuals with an interest in real property involves two key tasks: identifying record owners and confirming their authority to sign or transfer title. This requires collecting […]

Read article →

How is the fair market value of personal property calculated in a probate case in California?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney for advice on your specific situation. Detailed Answer Definition of Fair Market Value Under California Probate Code section 72, “fair market value” means the price at which property would change hands between a willing buyer and […]

Read article →

How do I determine ownership when my deceased parent is the only name listed on the deed? (CA)

Detailed Answer This is not legal advice. It provides general information about California law only. 1. Check for a Trust or Will First, ask whether your parent created a revocable living trust or left a will. Real estate held in a valid trust generally passes outside probate. If a will exists, it must go through […]

Read article →

What Constitutes Due Diligence for Identifying and Notifying Unknown Heirs in Probate Administration in California?

Due Diligence for Identifying and Notifying Unknown Heirs in California Probate Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer When a decedent’s heirs remain unknown, California courts require the personal representative (executor or administrator) to take reasonable steps—known as […]

Read article →

How Can an Administrator Locate and Verify Potential Heirs in California When Only Limited Information Is Available?

Disclaimer: This article is for educational purposes only and is not legal advice. Please consult a licensed attorney for guidance on your specific situation. Detailed Answer When an estate administrator in California has only limited information about potential heirs, due diligence and systematic research are critical. Below are key steps to locate and verify heirs […]

Read article →

What notice requirements and procedures apply for notifying creditors, including medical debt collectors, in probate in California?

Detailed Answer: Notice Requirements for Probate Creditors in California In California probate proceedings, personal representatives must notify both known and unknown creditors of the decedent’s estate. This includes medical bill collectors and healthcare providers. The process involves personal notice to known creditors and published notice for unknown creditors. Adhering to statutory timelines is crucial to […]

Read article →

How can a potential heir be appointed as administrator when the decedent left no will in California?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer: Appointing an Administrator in California for an Intestate Estate When someone dies without a valid will in California, the court calls this an intestate death. To manage the decedent’s […]

Read article →