How do I prepare an heirship affidavit in California?
Detailed Answer In California, you can use a small estate affidavit—often called an “affidavit for collection of personal property”—to transfer a decedent’s assets without formal probate if the total value of personal property does not exceed $166,250. For certain real property, you may use a similar procedure when the value of the interest does not […]
Read article →Can I open an estate and become the personal representative if I am the mother-in-law in California?
Detailed Answer Under California law, the court appoints a personal representative (formerly called executor or administrator) to manage a decedent’s estate. Whether you can serve depends on two factors: (1) whether the decedent left a valid will naming you, and (2) statutory priority if there is no will. 1. Serving Under a Will If the […]
Read article →How can I probate a will that was not witnessed or notarized in California?
Detailed Answer Under California law, a valid will must generally be signed by the testator and witnessed by two individuals (Prob. Code § 6110). If your document lacks witnesses or notarization, you still may admit it through one of two routes: 1. Holographic Will (Probate Code § 6020) A holographic will is handwritten and signed […]
Read article →Can I elect to receive a life estate instead of an intestate share in California?
Disclaimer: This article provides general information about California law and is not legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer 1. What Is an Intestate Share in California? When a person dies without a valid will, their assets pass by intestate succession under the California Probate Code. A surviving spouse […]
Read article →How Does an Executor Obtain an EIN for the Estate in California?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance. Detailed Answer When you act as an executor (personal representative) of an estate in California, you need an Employer Identification Number (EIN) from the IRS to file federal tax returns for the estate (Form 1041) […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in California
Listing Personal Property for a Surviving Spouse’s Year’s Allowance in California Detailed Answer When you administer an estate in California, you must prepare a formal inventory and appraisal of all assets—real and personal. This process ensures accuracy when determining a surviving spouse’s year’s allowance under Probate Code section 13550. Probate Code § 13550 Inventory and […]
Read article →How to Request and Schedule a Probate Hearing When None Is Set in California
Disclaimer: This article does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer When you’ve filed a probate petition but no hearing date appears on the court calendar, you must take steps to formally request and schedule a hearing under California law. Probate hearings follow procedures set out […]
Read article →How to Serve Court Orders on Interested Parties to Move a Probate Case Forward in California
How to Serve Court Orders on Interested Parties to Move a Probate Case Forward Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer 1. Identify All Interested Parties Under California Probate Code § 58, interested parties include heirs, […]
Read article →How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in CA
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under California law, anyone in possession of an original will must file it with the probate court in the county where the decedent lived within 30 days after receiving notice of death. If you only have a filed copy, […]
Read article →How to Determine Tasks Covered Under an Initial Probate Representation Agreement in California
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Detailed Answer An initial probate representation agreement is a written contract between you and your attorney that outlines the scope of legal services the attorney will provide in managing a decedent’s estate in California. To determine which tasks are covered […]
Read article →