California: What Happens to Mortgage Payments and Utilities While an Estate Is in Probate
Mortgage payments and utilities during probate in California — FAQ Quick answer: Probate does not automatically pause mortgage payments or utility bills. The estate (through the executor or administrator) is responsible for the decedent’s debts to the extent the estate has assets. If payments stop, lenders or utilities can act (foreclosure, termination) unless the personal […]
Read article →California: How to Decide Which Assets to List on a Small Estate Affidavit
Detailed Answer This article explains how to decide which assets to list on a California small estate affidavit (the affidavit used to collect a deceased person's personal property without formal probate). It summarizes what typically belongs on the form, what you should leave off, how to report values, and practical precautions. This is an educational […]
Read article →How to Open Probate in California to Transfer a House When a Sibling Dies Intestate
Detailed Answer — California law This answer explains, in plain language, the usual steps someone in California would follow to open an intestate estate (no will) to transfer real property that was owned solely by a decedent. It assumes the decedent died without a will and the house is titled only in the decedent’s name. […]
Read article →California — Including Assets That Passed by Right of Survivorship on the Probate Inventory
Detailed Answer Short answer: In most cases under California law, assets that transfer automatically to a surviving joint owner by right of survivorship are not part of the decedent’s probate estate and therefore generally are not included as probate assets on the personal representative’s inventory. What that means: When two or more people hold property […]
Read article →California: How a Next-of‑Kin Can Find a Missing Parent During Probate
Detailed Answer When you are the next-of-kin trying to open probate in California and a parent cannot be located, you must do two things at once: (1) make and document a reasonable, thorough search for the missing parent, and (2) follow California probate procedures so the court can approve notice and move the estate administration […]
Read article →How to Check if a Bank Account Qualifies for California Small‑Estate Procedures
Can a bank account be handled with California’s small‑estate procedure? This FAQ explains how to determine whether a decedent’s bank account can be collected using California’s small‑estate procedures and the practical steps to verify the account balance and ownership. Short answer To use California’s small‑estate procedures you must confirm (1) the decedent’s interest in the […]
Read article →California: How to Use a Small Estate Affidavit to Claim a Deceased Parent’s Bank Account
Using a California small estate affidavit to collect a deceased parent’s bank account This FAQ-style guide explains, in plain language, how a person can use California’s small estate affidavit rules to collect a deceased parent’s bank account. It summarizes eligibility, step-by-step actions, required documents, and common pitfalls. This is educational information only — not legal […]
Read article →California: When Must an Estate File a Federal Income Tax Return (Form 1041)?
Detailed Answer — Federal filing obligations for an estate (clear, practical guidance) Short answer: You only need to file a federal fiduciary income tax return (Form 1041) for an estate if the estate itself had taxable gross income of $600 or more during the tax year, or if any beneficiary of the estate is a […]
Read article →California: Transferring Brokerage Account Assets into an Estate Checking Account
Short answer If the brokerage account names a surviving owner or beneficiary (joint tenancy, payable-on-death (POD), or transfer-on-death (TOD) designation), the assets usually pass outside probate and the broker will re-title or pay out to the beneficiary after you provide a certified death certificate and identification. If the account was only in the decedent’s name, […]
Read article →How to Sell a Co-Owned Property in California to Cover Funeral and Property Taxes
Selling a Co-Owned Property in California to Cover Funeral and Property Taxes Disclaimer: This is educational information, not legal advice. For decisions that affect your rights, consult a licensed California attorney. Detailed Answer — How to sell a co-owned property in California to pay for funeral and property tax expenses This answer assumes a typical […]
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