What information and duties must a personal representative provide to heirs in California?
What information and duties must a personal representative provide to heirs in California? Detailed Answer When someone passes away with a valid will or without one (intestate), the court appoints a personal representative—sometimes called an executor or administrator—to manage the estate. California law imposes specific duties on this individual to keep heirs and beneficiaries informed […]
Read article →What steps are required to file probate court documents and publish creditor notices in California?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer 1. Prepare and File the Probate Petition Begin by completing the Petition for Probate (Form DE-111). Attach the original will (if one exists), the decedent’s death certificate, and a verified inventory of assets and liabilities. File these documents at […]
Read article →How to Determine if a Transferred Vehicle Must Be Treated as Estate Property After a Decedent’s Death in California
Detailed Answer In California, any vehicle titled solely in the decedent’s name at the time of death generally becomes part of the probate estate. To determine whether a transferred vehicle must be treated as estate property, consider the following factors under California law: 1. Title Ownership at Death Joint Tenancy or Community Property with Right […]
Read article →How to Determine Proper Venue for Opening or Transferring a Decedent’s Estate in California
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer In California, venue determines the county where you file a petition to open or transfer a decedent’s estate. Proper venue ensures the court has jurisdiction over probate proceedings. California Probate Code divides venue rules into three main categories: original […]
Read article →Should an executor confirm available estate funds before settling a creditor claim in California?
Detailed Answer When administering a California probate estate, an executor (personal representative) must confirm that the estate holds sufficient liquid assets before approving or paying any creditor’s claim. Confirming available funds helps ensure proper payment, protects beneficiaries, and shields the executor from personal liability for unauthorized distributions. 1. Review the Estate Inventory Under California Probate […]
Read article →What steps should be taken to negotiate and settle a creditor claim during probate in California?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Always consult a qualified attorney for guidance on probate matters in California. Detailed Answer Under California law, a personal representative must follow statutory procedures to negotiate and settle creditor claims during probate. Key Probate Code provisions include general notice to creditors (Cal. […]
Read article →What documentation should an executor gather to respond to a creditor’s settlement demand in California?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Detailed Answer When an executor in California receives a creditor’s settlement demand, thorough documentation helps you evaluate the claim and protect estate assets. Under the California Probate Code, you must […]
Read article →How Can an Executor Challenge a Creditor Claim on Predatory Lending Grounds for an Elderly Decedent in California?
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 When an elderly decedent’s estate faces a creditor’s claim based on a predatory loan, the executor can challenge the validity of that claim under California law. Predatory lending practices […]
Read article →How to Access and Withdraw Money in a Deceased Person’s Bank Account During the Probate Process in California
Disclaimer: This article provides general information only and does not constitute legal advice. Detailed Answer When a person dies, their bank accounts become part of the estate and cannot be accessed until you follow the probate procedures under California law. Below is a step-by-step overview: 1. Determine Whether You Qualify for a Small Estate Affidavit […]
Read article →What factors determine the total cost of administering an estate in California?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation. Detailed Answer Administering an estate in California incurs various costs. These costs depend on multiple factors, including the size and complexity of the estate, the need for court supervision, and the […]
Read article →