Category Archives: Probate
What Happens if You Don’t File a Probate in California?
In California, probate is a legal process that happens after someone passes away. This crucial process ensures the proper management and distribution of a deceased’s estate. But what happens if probate is not filed when it is required? If probate is not filed when it is necessary, it can result in significant legal and… Read More »
Understanding the California Probate Code: Key Sections You Should Know
If you are dealing with the loss of a loved one in California, you need to understand the laws that govern probate. In California, the rules for managing a deceased person’s estate are set out under the Probate Code. This complex and intricate set of laws governs everything from initiating probate to distributing the… Read More »
Can Daughters Serve as Personal Representatives in California?
When someone dies in California and leaves behind assets titled in their name, their estate may be required to go through probate. Probate is the process of managing a decedent’s assets, whether or not they left behind a will. A key figure in the probate process is the personal representative. A personal representative is… Read More »
What Is the California Small Estate Affidavit?
After someone passes away, managing their estate through probate can be a lengthy and emotional process. Fortunately, in California, the law provides a shortcut for small estates. This simplified alternative saves time and money compared to the full probate process. In California, qualifying small estates can be handled using what is referred to as… Read More »
What Happens if There Is a Will but No Executor Named?
Usually, when someone writes a will, they choose an executor, who is the person they want to be responsible for dealing with their estate and distributing assets to beneficiaries when they pass away. However, not everyone does this. Some people pass away and leave behind a will that does not name an executor. So,… Read More »
Who Has the Right To Receive a Copy of the Will in California?
Losing a loved one is never easy, and dealing with the legal process that follows can add another layer of stress. During the probate process, one common question is who has the right to receive a copy of the will. While it may seem straightforward, there are rules about who can access this document…. Read More »
Challenging a Fraudulent Will: Steps To Take
Challenging a Will is never an easy decision. The process can be long and complicated, but sometimes, it’s the only way to honor a loved one’s true wishes. If you suspect Will fraud, acting quickly and seeking expert legal guidance is imperative. An experienced probate attorney can help you assess the strength of your… Read More »
Do You Need a Probate Lawyer? 5 Key Circumstances To Consider
Losing a loved one is emotionally overwhelming, and when you also have to deal with the legal side of things, it can become even more challenging. If you’ve been named as the executor of their estate, you may find yourself navigating the probate process while still coping with grief. This can add more stress,… Read More »
Can You Probate the Estate of a Missing Person in California?
When someone goes missing in California, families are often left dealing with the stark reality of probably never seeing their loved one again and also in legal limbo, unsure how to handle the person’s assets, debts, or wishes. While the probate process typically involves administering the estate of a deceased person, California law provides… Read More »
Are Handwritten Wills Valid in California?
While most people have typed wills, handwritten wills – also known as holographic wills – remain in use in California. Often, people use holographic wills when they want to draft their wishes quickly or informally, either because they don’t believe their estate is of sufficient size to require a more formal estate plan or… Read More »
