How to Probate an Estate

This Nolo bestseller provides all the tear-out forms and instructions anyone needs to: * read and understand a will* determine who gets property if there is no will* transfer property to a surviving spouse* collect life insurance and other benefits* change title of real estate, securities and other posessions into the names of the new ownersand much more.The 12th edition includes a definition and discussion of insolvent estates; discusses California inheritance taxes, and shows how to avoid reassessment on residences transferred from grandparents to grandchildren.

Julia Nissley was Probate Administrator with a Los Angeles law firm for many years. She now operates her own probate-form preparation service for all California counties, handling all sorts of probate paperwork through the mail or in person.

Introduction
An Overview
What Is Probate?	p. 2
What Is Involved in Settling an Estate?	p. 2
How Long Does It Take to Settle an Estate?	p. 3
What This Book Covers	p. 3
Simple Estate Checklist	p. 4
Important Terms Defined	p. 4
Insolvent Estates	p. 8
Death Taxes	p. 8
Do You Need an Attorney?	p. 9
First Steps in Settling an Estate
Who Should Act As the Estate Representative?	p. 2
Responsibilities of the Estate Representative	p. 4
Specific Duties of the Estate Representative	p. 6
Who Are the Heirs and Beneficiaries?
Where to Start	p. 2
How to Read a Will	p. 4
Compare Schedule of Assets (in Chapter 5) With Property Left in Will	p. 10
Determining Identity of Beneficiaries and Heirs When Will Is Ineffective	p. 13
If There Is No Will	p. 16
The Concept of Right of Representation	p. 18
What Is the Decedent's Estate?
Real Property	p. 2
Personal Property	p. 9
What Bstablishes Ownership of Property?	p. 10
How Was the Decedent's Property Owned?	p. 10
How to Determine Whether Property Is Community or Separate	p. 14
Actions by Spouses That Change the Character of Property	p. 15
Property That Is a Mixture of Community and Separate Property	p. 16
Examples of Property Ownership	p. 17
Property Acquired by Couples Before They Moved to California	p. 20
Preparing a Schedule of the Assets and Debts
Describe Each Asset	p. 3
Value Each Asset (Column A)	p. 3
How to Determine Ownership of Property	p. 4
List the Value of the Decedent's Interest (Column D)	p. 5
Determine Whether Property Is Probate or Non-Probate Asset (Column E)	p. 5
List All Debts	p. 6
Checklist of Property to List on Schedule of Assets	p. 6
Schedule of Assets for a Sample Estate	p. 21
How to Identify the Best Transfer Procedure
Non-Probate Assets	p. 2
Assets That May Be Subject to Formal Probate	p. 3
Examples of How Assets Are Transferred in Typical Estates	p. 4
Sample Estates	p. 5
What About Taxes?
Decedent's Final Income Tax	p. 2
Fiduciary Income Tax Returns	p. 4
Other Income Tax Returns	p. 5
"Stepped-Up" Income Tax Basis Rules for Inherited Property	p. 5
Federal Estate Tax Return	p. 6
California Estate Tax Return	p. 10
California Inheritance Tax	p. 10
Tax Issues for Some Typical Estates	p. 10
Transferring Title to Real Property
Ways to Transfer Real Estate After Death	p. 2
Basic Information on Recording Documents	p. 2
Change in Ownership Statements	p. 3
How to Record Your Document Transferring Title	p. 9
Mortgages	p. 11
How to Transfer Securities
Documents Required to Transfer Securities	p. 3
The Stock or Bond Power	p. 5
The Affidavit of Domicile	p. 7
The Transmittal Letter	p. 7
How to Sell Securities	p. 7
The Stock Transfer Tax	p. 7
Joint Tenant Property
Where to Start	p. 2
How to Clear Title to Real Property in Joint Tenancy	p. 2
How to Clear Title to Securities Held in Joint Tenancy	p. 5
How to Clear Title to Motor Vehicles and Small Boats Held in Joint Tenancy	p. 5
How to Clear Title to Joint Tenancy Bank Accounts (and Totten Trust Accounts)	p. 7
How to Clear Title to Money Market Funds and Mutual Funds	p. 7
How to Clear Title to U.S. Savings Bonds in Co-Ownership	p. 7
Transferring Small Estates Under $100,000
Overview of the Simplified Transfer Procedure for Small Estates	p. 2
How to Determine Whether You Can Use Summary Procedures	p. 3
How to Transfer the Property	p. 4
How to Transfer Trust Property and Property Subject to Life Estates
Notifying Heirs and Beneficiaries	p. 2
Trust Property	p. 2
Handling Debts and Expenses	p. 4
How to Transfer Property Held in Living Trusts	p. 4
Life Tenancy (Life Estate)	p. 7
An Overview of the Probate Court Process
Do You Really Need a Probate Court Proceeding?	p. 3
Probate Checklist	p. 3
Dealing With the Probate Court	p. 3
Beginning the Probate Process	p. 8
Taking Care of the Estate During Probate	p. 16
Closing the Estate	p. 21
Conducting a Simple Probate Court Proceeding
Prepare the Petition for Probate	p. 3
Prepare the Certificate of Assignment	p. 16
Prepare the Notice of Petition to Administer Estate	p. 16
File Your Petition for Probate	p. 23
Complete the Proof of Subscribing Witness Form	p. 24
Complete a Proof of Holographic Instrument	p. 30
Notify the Director of Health Services	p. 30
Prepare Your Order for Probate	p. 30
Study and Respond to the Calendar Notes	p. 31
Prepare the Letters	p. 35
Prepare the Duties and Liabilities of Personal Representative Form	p. 35
Prepare the Application for Appointment of Probate Referee	p. 40
Prepare Notice of Proposed Action, If Necessary	p. 40
Prepare the Inventory and Appraisal Form	p. 49
Notify Creditors and Deal With Creditor's Claims and Other Debts	p. 58
Prepare the Petition for Final Distribution	p. 66
Prepare Notice of Hearing (Probate)	p. 88
Prepare Order of Final Distribution	p. 89
Transfer the Assets and Obtain Court Receipts	p. 92
Request Discharge From Your Duties	p. 98
Handling Property That Passes Outright to the Surviving Spouse
When to Use These Simplified Procedures	p. 2
Before You Begin	p. 3
Collecting Compensation Owed the Decedent	p. 3
Affidavit for Transferring Community Real Property	p. 5
The Spousal Property Petition	p. 5
How to Transfer the Assets to the Surviving Spouse	p. 22
If You Need Expert Help
What Kind of Expert Do You Need?	p. 2
Using a Legal Document Assistant	p. 2
Using a Lawyer	p. 3
Glossary
California Probate Code [section section] 13100-13106
Tear-Out Judicial Council Forms
Tear-Out Non-Judicial Council Forms
Index
Table of Contents provided by Syndetics. All Rights Reserved.

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