Archives for posts tagged ‘administration’

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 […]

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 […]

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 […]