California: Can You Use a Small Estate Affidavit for an Intestate Estate?
Detailed Answer Short answer: Under California law you generally cannot use a North Carolina small estate affidavit — the laws of the decedent’s domiciliary state control the probate/transfer rules. If the decedent was domiciled in California, California’s small estate affidavit (collection-by-affidavit) procedure may allow the transfer of certain personal property without formal probate when the […]
Read article →Accessing a Minor's Settlement for College or Medical Expenses in California
How California courts handle money recovered for a minor and early access options Short answer: Courts normally must approve any civil settlement for a minor in California, and they control how the money is held and released. You can sometimes get court permission to use some of the funds before the minor turns 18 for […]
Read article →California: Can a California Resident Open Probate for an Out‑of‑State Sibling’s Estate?
Can a California resident open probate for an out-of-state sibling’s estate? Short answer: You usually cannot open a full probate in California for a person who died domiciled in another state. You may need to open primary probate in the decedent’s home state (where the sibling lived) and, only if the estate owns property in […]
Read article →Settling a Parent's Estate in California and Managing Property in Another State
Step-by-step guide to settling a California estate and handling property in another state Disclaimer: This is general information and not legal advice. Consult a licensed California attorney about your specific situation. Detailed answer — clear steps under California law When a parent dies who has connections in more than one state, you will usually deal […]
Read article →California: Reimbursing a Co‑heir for an Appraisal Before an Estate Buyout
Detailed Answer Short answer: It depends. Under California law whether you can require a co‑heir to reimburse you for an appraisal before finalizing an estate buyout turns on who ordered or paid for the appraisal, whether the appraisal was obtained as part of probate administration, and whether the co‑heir agreed in writing (or the court […]
Read article →How to Transfer Title After a Spouse’s Death in California
Detailed answer Short overview: To make your child the recorded owner of real property after your wife’s death in California, the exact steps depend on how the property was titled before death. Common paths are (A) the surviving owner automatically owns the property (no probate), (B) the property passed by a recorded Revocable Transfer-on-Death (TOD) […]
Read article →California: Do I Need a Transfer-on-Death Deed or Payable-on-Death Designation if My Will Leaves Everything to My Daughter?
Detailed Answer — How wills, transfer-on-death deeds, and payable-on-death designations interact in California This is not legal advice. This article explains how different estate tools work in California so you can decide whether you need a revocable transfer-on-death (TOD) deed or a payable-on-death (POD) designation in addition to a will. For legal decisions, consult a […]
Read article →How to Transfer a Deceased Parent’s House to Heirs in California
How to Transfer a Deceased Parent’s House to Heirs in California Short answer: If your parent died without a will (intestate) and the house was titled only in your parent’s name, you will usually need to open a probate estate in California so the court can determine heirs and transfer title. In some situations you […]
Read article →California: How to Take Over a Deceased Parent’s Mortgage — FAQ
Detailed answer — Can you take over your deceased parent’s mortgage in California, and what steps will get you there? Short answer: you cannot automatically cancel a mortgage when the borrower dies. The loan stays with the property or the borrower’s estate. To keep the home and the mortgage in your name, you must (1) […]
Read article →California: How to Prove You Are Your Dad's Child for Inheritance
How to prove you are your father's child for inheritance in California Short answer: If your father’s name is not on your birth certificate, you can still prove you are his child for inheritance by establishing parentage—usually by a court order, a valid voluntary declaration of parentage, or acceptable DNA evidence—so a probate court will […]
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