2 edition of California Probate Code & Related Provisions 06 found in the catalog.
|LC Classifications||September 22, 2006|
|The Physical Object|
|Pagination||xvi, 75 p. :|
|Number of Pages||90|
nodata File Size: 7MB.
Analyses and descriptions of geochemical samples, Sipsey Wilderness and additions, Lawrence and Winston Counties, Alabama
If the estate is small or the estate can pass to other people through simplified procedures informally, then a close relative, often the person who will inherit most of what is left behind can be the informal estate representative. f If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, or issue of a predeceased spouse, but the decedent is survived by next of kin, to the next of kin in equal degree, but where there are two or more collateral kindred in equal degree who claim through different ancestors, those who claim through the nearest ancestor are preferred to those claiming through an ancestor more remote.
The probate court is involved, but the process is simple and quick.
3 If there is no surviving issue or parent of the predeceased spouse but the decedent is survived by issue of a parent of the predeceased spouse, to the surviving issue of the parents of the predeceased spouse or either of them, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240. e If there California Probate Code & Related Provisions 06 no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, but the decedent is survived by the issue of a predeceased spouse, to that issue, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
Managing Estates In Practice Even on paper, the process seems somewhat complex. If the estate, or parts of it, will not qualify for a simplified procedure, read about. First, the executor files the will, along with a document called "Petition for Probate," with the probate court in the county where the deceased person lived.
4 If the decedent is not survived by issue, parent, or issue of a parent of the predeceased spouse, to the next of kin of the decedent in the manner provided in Section 6402. To identify the property, here is some helpful information:• If there is no will, it depends whether the case needs to go to probate court or not. It does not include property held in trust, cars, boats, property that passed directly to the spouse of the deceased, and certain other assets.
Bonding of Personal Representatives, Guardians, Conservators, and Trustees• 4 Any separate property of the predeceased spouse which came to the decedent by gift, descent, or devise of the predeceased spouse or which vested in the decedent upon the death of the predeceased spouse by right of survivorship.
Most probate cases in California are handled under the state's Independent Administration of Estates Act, which lets the executor take care of most matters without having to get permission from the probate court. Many executors find that with the right information, they can handle a California probate themselves, as long as there are no unusual complications—for example, a fight over inheritance, more debts than assets and uncertainty about who to pay, or an ongoing business.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The executor will need to compile, and file with the court, an inventory and appraisal of all probate property. Here are the current rates:•
In California, probate isn't a particularly onerous process, and there are several legal shortcuts that let many families altogether after a loved one dies.
And the executor can always get help, from family members or from an attorney who understands the process and can serve as a guide.
If a particular asset like a retirement plan, life insurance policy, or a bank account already has a named beneficiary, that asset goes to the beneficiary or beneficiaries, if there are more than one without going to court.