How do I apply to be appointed as the personal representative of a deceased relative’s estate? (CA)
FAQ: How do I apply to be appointed as the personal representative of a deceased relative’s estate in California? Quick summary To be appointed as a personal representative (sometimes called executor or administrator) in California you generally file a petition for probate in the superior court where the decedent lived, provide the court with the […]
Read article →How Can Heirs Petition to Reopen a Closed Estate to Claim Unclaimed Assets in California?
Detailed Answer In California, heirs who discover unclaimed assets after an estate closes can ask the court to reopen the estate under California Probate Code Section 12400. This statute allows an interested person to set aside the order of final distribution and administer newly found property. Identify Interested Parties and Assets. Determine who has a […]
Read article →What is the process for inventorying and distributing estate assets among multiple heirs in California?
How to Inventory and Distribute Estate Assets Among Multiple Heirs in California Disclaimer: This article provides general information about California estate procedures. It is not legal advice. Detailed Answer When someone passes away in California, the probate court oversees collecting, valuing, and distributing the decedent’s assets. Below is a step-by-step overview: 1. Open Probate and […]
Read article →How Do Heirs Locate and Claim Unclaimed Property of a Deceased Relative in California?
Detailed Answer Disclaimer: This is not legal advice. It is for educational purposes only. When a person dies, unclaimed property can include bank accounts, insurance proceeds, refunds, safe deposit contents, or utility deposits left dormant and turned over to the state. In California, the State Controller’s Office (SCO) administers unclaimed property under the Unclaimed Property […]
Read article →What factors influence the timeline for completing the probate process in California?
Disclaimer This information is provided for educational purposes and does not constitute legal advice. Consult a licensed attorney for advice regarding your specific situation. Detailed Answer Probate is a court-supervised process to settle a decedent’s estate. In California, probate can take as little as nine months or extend beyond two years. The timeline varies based […]
Read article →How do I confirm if workers’ compensation payments were applied to my medical bills? California
How to Confirm Workers’ Compensation Payments on Your Medical Bills Detailed Answer When your employer’s workers’ compensation carrier pays medical providers, you’ll see those payments reflected on billing statements and Explanation of Benefits (EOB) forms. To confirm payment application, follow these steps: 1. Request an Itemized Statement or EOB California Labor Code §4600 requires employers […]
Read article →What are the risks associated with probating my father’s estate in California without a lawyer?
Detailed Answer Probating an estate in California means asking the court to validate your father’s will (if there is one), appoint you as executor or administrator, and oversee distribution of assets under the California Probate Code §§ 8000–11700. Handling probate without an attorney (known as “pro se”) may save in legal fees, but it carries […]
Read article →Why Do I Have to Probate the Will in CA if Real Property Passes Automatically at Death?
Understanding Automatic Transfer of Real Property and California Probate Requirements Disclaimer: This article is for informational purposes and does not constitute legal advice. Detailed Answer When someone dies in California, certain assets transfer outside probate under state law. Real property held in joint tenancy, community property with right of survivorship, revocable living trusts or via […]
Read article →What steps are involved in notifying creditors and handling claims after a death in CA?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney in California for guidance specific to your situation. Detailed Answer When someone dies in California, their estate must address outstanding debts and creditor claims before distributing assets to heirs or beneficiaries. The person appointed to manage […]
Read article →Can I Use an Obituary as Proof of Death to Open an Estate in California?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under California law, courts require a certified death certificate to open a formal probate estate. California Probate Code section 8200 states that the first proof of death must be a certified copy of the decedent’s death certificate (Prob. Code […]
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