How to Determine if a Probate Estate Has Been Opened for a Decedent in California
Detailed Answer When someone dies, interested parties often need to confirm whether a probate estate has been opened for that decedent. In California, probate cases are public records and are filed in the Superior Court of the county where the decedent lived. Follow these steps: Identify the appropriate county. Probate petitions are filed in the […]
Read article →What documentation is required to apply for letters of administration in California?
Disclaimer: This article is for educational purposes and does not constitute legal advice. For personal guidance, consult a qualified attorney. Detailed Answer In California, letters of administration grant a person authority to handle an estate when the decedent died without a valid will. Probate Code Section 8400 requires the court to review a formal petition […]
Read article →What Information Is Needed to Request Estate Files from a County Probate Division in California?
Detailed Answer Under California law, most probate court files are public records and open for inspection. To request copies of estate files from a county probate division, you must provide certain information and follow the court’s procedures. Below is a checklist of the essential details and steps. Key Information to Provide Decedent’s Full Name and […]
Read article →What steps are required to transfer a property interest located out of state when all heirs agree in California?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer When a California resident dies owning real property in another state, heirs can often transfer title without a full ancillary probate by using California’s summary succession process for real property […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in California
Detailed Answer Gathering estate records through a court-ordered subpoena in California follows a defined process under the California Code of Civil Procedure. A personal representative, petitioner or interested party can compel third parties to produce records or testify under oath. Here’s how it works: 1. Verify Your Authority to Request a Subpoena Under California Probate […]
Read article →What authorization forms must an heir sign to direct distribution of real property sale proceeds? California
Detailed Answer Under California law, when a decedent’s real property is sold as part of estate administration, heirs must sign specific probate forms to authorize the sale and direct distribution of proceeds. The two primary forms are: Consent and Waiver of Notice of Hearing on Petition for Order Confirming Sale of Real Property (Probate Form […]
Read article →What Notice Requirements and Procedures Apply for Notifying Creditors, Including Medical Debt Collectors, in Probate in California?
Notice Requirements and Procedures for Notifying Creditors, Including Medical Debt Collectors, in California Probate Detailed Answer When a person dies in California, the personal representative must notify creditors so they can file claims against the estate. These procedures apply equally to medical debt collectors and other creditors. 1. Notice to Known Creditors The personal representative […]
Read article →How to distinguish assets belonging to a deceased person’s estate from those held by a corporation in California
How to Distinguish Estate Assets from Corporate Assets in California 1. Detailed Answer When someone dies, you must separate property that passes through their estate from assets owned by any corporate entity a relative founded. Under California law, a decedent’s estate comprises property solely titled in their name at death, plus any interests they held […]
Read article →How can a former spouse or survivor assert entitlement to surplus funds following the owner’s death or divorce?
Detailed Answer Understanding Surplus Funds After Sale When a California property owner faces a court-ordered sale—whether by foreclosure, partition or probate—the sale may generate surplus funds. Surplus funds occur when the sale price exceeds the debts, fees and costs secured by the property. Former spouses and survivors can assert rights to those proceeds under state […]
Read article →What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs?
What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs? Detailed Answer When you administer a California estate, you may need to convert personal property into cash to pay debts, taxes, and administrative expenses, or to level the playing field among beneficiaries. The California Probate Code grants […]
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