Archives for the ‘Probate Process’ Category

Duty to Deliver Will

The person who has custody of the Will must produce it within 30 days of learning of the testator’s death. The custodian is liable for all damages that result from failure to deliver the will To satisfy the duty to deliver the Will the custodian must deliver the will to the clerk of the superior […]

Independent Administration of Estates Act

Independent Administration of Estates Act (the “IAE Act”), Probate Code §§ 10400 et seq. This act allows for any sale of assets without a court order. Prior to any sale notice to all heirs and all persons named in the Will is required. A powerful shortcut to expedite probate, save time and avoid court appearances. Request […]

Post death funding of trust with a “Heggstad Petition” in probate court

In the Estate of Heggstad (1993) 16 Cal.App.4th 943, 20 Cal.Rptr.2d 433, the court determined a written declaration of trust by an owner of real property was sufficient to create a trust. The Heggstad court did not require a separate deed transferring the property to the trust.  So a trust may be funded after the […]

Post death funding of trust with “850 Petition” in probate court

An 850 petition is filed pursuant to California Probate Code Section 850 by the Trustee who has a claim to real or personal property, title to or possession of which is held by another. The “another” is usually a bank or banks with accounts in excess of $150,000. Otherwise a Section 13100 declaration would be […]

Key Steps for Probate

1. Hearing date of Petition for Probate   2. Obtain and file original will with County Clerk   3. Obtain Taxpayer ID number and file SS–4 and form 56   4. Estate’s fiscal year end date    5. Preliminary Change of Ownership forms sent to County Assessor   6. Inventory and Appraisal due date   7. Last Day of Creditors Claim […]

Intestacy, No Surviving Spouse

Real and personal property passing when there is no surviving spouse but issue of decedent is living To the issue of the decedent, in equal shares as there are living members of the nearest generation of issue then living and deceased members of that generation who leave issue then living those children of the deceased […]

Small Estate Affidavit

For estates less than $150,000. Prepare a declaration by affidavit pursuant to California Probate Code Section 13100. The financial institution is obligated by California law to issue checks to the heirs and not the estate. This avoids probate

Sale of Real Estate in Probate

Homes, houses and real estate owned by a person who has died must go through probate. Probate is time consuming and time is the enemy. The house has to be sold before the bank forecloses or cash runs out. Key to speed is to retain an attorney to fast track the probate process and not […]

Venue

The Superior Courts of California jurisdictions are administered by County. If the decedent’s true and permanent home was in Orange County, then Orange County is the proper county for proceedings. If the decedent resided outside of California but owned real estate in Orange County then Orange County is still the proper County for selling the […]

Ancillary Administration for California Real Estate Property

Ancillary administration is needed when someone living in another state dies and has assets in California.  Generally, unless the Probate Code provides otherwise, ancillary administration of a decedent’s estate is subject to all other provisions of the Probate Code concerning the administration of a decedent’s estate. Proper Venue (California Probate Code Section 7052) If a […]