May I petition a court to remove an estate administrator who refuses to fulfill their duties? (CA)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Yes. Under California Probate Code §8500 et seq., any person interested in an estate—such as a beneficiary, creditor or co-administrator—may petition the court to remove an estate administrator who willfully refuses or persistently neglects to perform required duties. Removal […]
Read article →How Can I Request an Extension for Filing a Final Accounting in Probate in California?
Detailed Answer Understanding the Final Accounting Deadline In California probate, personal representatives must file a final accounting within one year of appointment or as ordered by the court. See Prob. Code §1062 for the statutory deadline. Statutory Basis for Extensions Under California Probate Code section 1063, you may petition the court for additional time to […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Claim After a Car Accident in California?
Detailed Answer In California, only the decedent’s personal representative may file a wrongful death lawsuit. Under California Code of Civil Procedure §377.30, the personal representative brings the claim on behalf of the deceased’s heirs and certain dependents. If no personal representative exists, an heir can petition the probate court to appoint one solely to prosecute […]
Read article →How to apply for letters of administration and required AOC forms in California
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In California, probate uses Judicial Council forms (formerly AOC forms) and grants a personal representative the authority to manage an estate when someone dies without a valid will or without naming an executor. Here’s how to apply: Confirm the […]
Read article →How do I distribute wrongful death proceeds to rightful heirs in California?
How to Distribute Wrongful Death Proceeds to Rightful Heirs in California Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer Under California law, wrongful death proceeds pass through a personal representative appointed by the court or named in […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in California
Detailed Answer The California Department of Health Care Services (DHCS) may file a claim to recover Medi-Cal (California’s Medicaid program) benefits from an inherited estate under California Welfare and Institutions Code section 14009.5 (Welf. & Inst. Code § 14009.5). To obtain and review documentation related to such a claim, follow these steps: 1. Identify the […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws for a Decedent’s Business Interest in California
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. When a decedent owned or held shares in a California corporation, the personal representative (executor or administrator) has the right and duty to gather and review corporate formation documents, bylaws, and related records. These materials help determine the value […]
Read article →How can an interested party open probate for a decedent’s estate in California?
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation. Probate is the court-supervised process for administering a decedent’s estate. Here’s how an interested party can open probate in California. Detailed Answer 1. Determine the Appropriate Probate Process In California, estates with […]
Read article →How Do I Petition a California Court to Remove a Personal Representative for Mishandling Estate Assets?
Detailed Answer In California probate, any interested person may petition to remove a personal representative for mishandling estate assets. An interested person includes heirs, beneficiaries, creditors, or any party with a financial stake in the estate (Probate Code §48). Grounds for Removal Under Probate Code §8500, the court may remove a personal representative for: Failure […]
Read article →What information and documents should be gathered before the decedent’s passing to streamline probate in California?
Disclaimer: This information is not legal advice. It is for educational purposes only. Consult an attorney licensed in California for advice. Detailed Answer Gathering key documents and details before death can significantly reduce delays and costs during probate. Under California law, probate is the court process managing a decedent’s assets and debts. Advance preparation helps […]
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