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Ancillary probate is a probate process that is necessary when a deceased real estate or personal property owner has property in other states. The regulations of the state(s) where the property is located will typically determine what will happen with the property when the owner passes away. State laws where the deceased individual lived when they died do not necessarily…

An executor (or administrator when there is no will) can be thought of as the “CEO of the Probate.”  It is a crucial legal and personal responsibility. The role of an executor An executor serves as the personal representative of the estate and sees to it that the will and the law are followed. Where there is no will, an…

The survivors or any interested property (such as a creditor) may open an estate to deal with various administrative issues when someone passes away. Such actions may occur whether the deceased had a will or died without one. Either way, matters related to settling obligations and distributing assets that are not titled in a trust occur in a California probate…

Depending on the case, the beneficiary of an estate and even another interested party can take action against an executor. Beneficiaries (or heirs) rely on an executor to administer assets and close out an estate. These individuals have a right to sue an executor (or administrator, as the case may be). Probate litigation in California is a mixture of “law”…

In California, the probate process involves proving whether a will is valid. Once a will gets validated, the probate court appoints an executor or an administrator to oversee the distribution process. When there is no will or there is no person named in the will who is able to serve, the court appoints an administrator to manage the probate process.…

If a deceased loved one died with assets titled in his or her name, that person’s estate will likely be subject to probate. If this person lived in California, then California law dictates how the deceased person’s property is administered. California law also determines if you had standing to contest the deceased person’s will. Would you have standing to contest…

Setting up a trust can better ensure the following of your wishes when it comes time to settle your final affairs. Of course, at this time, you will no longer be around to administer the trust yourself, so it is important that you have a successor trustee appointed to handle this important matter. Trust administration can sometimes involve more than…

Many people make the mistake of assuming estate planning is something only older people need to do. California estate planning laws exist to help adults at every stage of their lives, from your 20s to your 60s and beyond. The only difference is the estate planning instruments you need to have in place may be different, depending on how old…

As you create your estate plan, you will have multiple options for how you leave your assets. As you explore the ways you can leave your inheritance, you will probably try to develop a plan that’s cost-effective while being easy for your family. One tool you can use to leave your inheritance is a living trust. When you create a…