How Do Executors Handle A House Sale During Probate?

If you are an executor for an estate that includes valuable real property, such as a house, you may need to sell the property during the probate process. For instance, you might need to pay off estate debts or liquidate assets so they can distribute to heirs and beneficiaries. However, unless you have full authority under the Independent Administration of…

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Creditors may file claims against estates for unpaid debts

During probate, executors will need to handle claims filed against estates to recover unpaid debts from the deceased’s assets. The Superior Court of California website notes that an estate’s personal representative also owes a duty to notify the deceased’s known creditors. Executors generally notify those creditors with outstanding debts or potential claims that may recover the amounts owed through the…

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When heirs or beneficiaries are minors, you need a guardian ad litem

When a parent dies, leaving minor children as survivors, the minor children have inheritance rights. Whether the minor children inherit under a will or they inherit as intestate heirs, their rights must be represented in the probate process. Because children cannot simply inherit property in their names, someone must represent the children’s interests. The person who represents such interests is…

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Does the estate executor influence who gets which assets?

After a loved one has passed away, the estate executor takes charge. They help to work through the probate process by getting the will admitted to probate, gathering and managing the assets, paying the bills and things of this nature.  Ultimately they will distribute the estate assets. An administrator does the same things as the executor, except that in the…

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Does the executor have to pay an estate’s debts?

Your parents recently died and you were named the executor of their will. (If there is no valid will, this is called the “administrator.”) It simply means that you’re the one that handles the estate and takes care of things after your parents have died. As everything goes through probate and the will (or the law where there is no…

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Parties involved in will contests in California

A will contest is a legal proceeding that takes place when someone disputes the validity of a will. In California, specific parties are involved in a will contest. Let’s take a look at who they are. Interested parties in will contests in California The contest of a will must be brought by an “interested party.” There are many people who…

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