Probate in California | CA Legal Resources | FastCounsel

Handling a Parent’s Estate in California: Step-by-Step FAQ and Checklist

Detailed Answer Handling a parent’s estate in California involves a series of practical and legal steps. Below is a clear, step-by-step guide that someone with no prior legal knowledge can follow. This is an educational overview only and is not legal advice. 1. Take immediate practical steps Get multiple certified copies of the death certificate […]

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How to Use California Small Estate Procedures — Switching from Formal Probate

Detailed Answer: Can you switch to California's small estate process? Short answer: California does not use North Carolina’s "$60,000 year's allowance" concept. If you want to avoid or stop formal probate and use California’s small‑estate procedures, your options depend on whether probate has already been opened and on the size and type of the assets. […]

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California: Paying Back Property Taxes on Inherited Land When You Are Not on the Deed

Detailed Answer Short answer: Paying back property taxes on inherited land does not automatically make you the legal owner. It can protect the property from a tax sale and may give you a claim to be reimbursed or an equitable interest in some circumstances, but a recorded deed or a court order is required to […]

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California: How to Determine Heirs and Property Ownership After a Grandparent’s Death

Disclaimer: This article provides general information about California law and the typical steps people take to identify heirs and determine property ownership after a person dies. This is not legal advice. For advice about a specific situation, consult a licensed California attorney. Detailed Answer When a grandparent dies, ownership of any real property depends on […]

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Recovering Surplus Funds After a Tax Sale in California (FAQ)

Detailed Answer Short answer: If a property is sold at a California tax sale for more than the taxes, penalties, interest, and sale costs, the extra money (often called "surplus," "excess proceeds," or "overage") does not belong to the buyer. California law provides a process for former owners and other entitled parties (for example, junior […]

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California: Getting the Court to Reconsider Letters of Administration and Replace the Administrator

Brief overview If someone has been issued letters of administration for a decedent’s estate but you believe the appointment was wrong or the administrator is unfit, you can ask the probate court to remove or replace that administrator and to appoint you instead. The process in California is court-driven: you must file the correct petition, […]

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Challenging an Administrator Who Closed a Joint Bank Account — California Probate Guidance

Detailed Answer — What to do if an administrator closed a joint bank account in California without notifying heirs Short overview: In California, whether a bank account passes automatically to a surviving joint account holder or is part of the decedent’s estate depends on how the account was titled. If an administrator (personal representative) closed […]

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California — How to Review or Correct Missing or Incorrect Probate Filings in a Parent’s Estate

How to review or correct missing or incorrect probate filings in a parent’s estate (California) Disclaimer: This is educational information, not legal advice. Consult a licensed California probate attorney before taking court action. Detailed Answer — step‑by‑step guide If you believe probate filings in your father’s estate are missing or contain errors, you can take […]

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Fixing Probate Paperwork Mistakes in California

Detailed Answer This FAQ explains, in plain language, what you can do in California when probate court paperwork contains mistakes about heirs or beneficiaries (for example, the wrong siblings are listed). This is educational information only and not legal advice. If you need legal advice about your specific case, consult a licensed California probate attorney. […]

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How to Challenge an Administrator Appointment in California Probate Court

Overview If a court appointed your grandparent as the estate administrator (personal representative) and you believe that appointment is improper, you can challenge it in California probate court. This article explains common legal grounds for challenging an appointment, the practical steps to take, the evidence that helps, likely outcomes, and when to get an attorney. […]

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