California Probate Code Section 13100 allows survivors to transfer property via simplified probate procedures. In fact, they may avoid probate entirely by filing a "small estate" affidavit. The value of the deceased's property must be less than a certain amount. All an heir has to do is prepa...
Find out which probate court filed the will. Typically the probate jurisdiction is thecivil courtof the county where the testator lived. For example, in Los Angeles, contact theSuperior Courtof California, County of Los Angeles, Probate Department. Provide the deceased person's full name and, i...
The divorce papers may be returned to the person seeking the divorce. In this case it is the petitioner (who started the process) who must file the constable’s document at the court probate office.Ask for Temporary JudgmentsTemporary orders are requests for immediate action, sought at the tim...
an attempt to have it witnessed, and (2) the material provisions are not in the testator's handwriting. While arguments can be advanced on both sides of the 'bare naked' failed will, it will be up to the California courts to decide how the doctrine should be applied in such a case....
What Happens If The Plaintiff Dies Before The Case Is Resolved? Sam Taylorexplains that two things happen if a plaintiff dies after a lawsuit is filed. “The lawsuit continues to conclusion. A personal representative of the deceased plaintiff’s estate is appointed — usually by a probate court...
While you don’t need to file the trust document with a government agency, keep it in a safe place, and let the trustee or successor trustee know where to find it. Tax implications of living trusts Taxes for revocable and irrevocable trusts differ. Here’s a look:5 Taxes for revocable ...
In states likeCaliforniaandFlorida, the spouses may use a quitclaim deed to transfer the property without warranting title. Other states—like Texas—recognize a similar type of deed called adeed without warranty. Whichever of these forms you use, the goal is usually to transfer property without ...
Avoid a lengthy probate court process. This last point is a crucial one, as trusts also allow you to pass on assets quickly and privately. In contrast, settling an estate through a traditional will may trigger the probate court process — in which a judge, not your children or other benefi...
A will and last testament can form thefoundation of an estate planand is the key instrument used to ensure that the estate is settled in the manner desired by the deceased. While there can be more to an estate plan than just a will, the will is the presiding document that aprobatecourt...
Wills need to be accessible after the probate process is finished because someone (such as a creditor) missed during probate may have a claim on the estate. For this reason, probated wills become public records, which means anyone can show up at the courthouse and view them in their entiret...