How to Probate and Settle an Estate in California

by Godbe, Douglas; Talamo, John J.

• ISBN13: 9781572481459
• ISBN10: 1572481455
• Edition: 1st
• Format: Paperback
• Copyright: 2001-05-01
• Publisher: Sourcebooks Inc

Summary

The tasks required to fulfill probate responsibilities vary with the extent and complexity of the estate, as well as from state to state. This book guides the process of probate under California law and includes changes that have occurred recently with the meeting of the state legislature. Easy-to-use, blank tear-out forms make this book a valuable tool for anyone who is placed in the position of probating an estate.

Information concerning handling creditor's claims, petitioning for hearings, taking inventory of the estate's assets, selling the estate property and handling of tax issues are all covered in this new text. Of particular interest in this book is information concerning the protection of the deceased's family -- what rights the living have and which laws apply to those rights.

Table of Contents

Using Self-Help Law Books	vii
Introduction	xi
An Overview	1	(8)
What Is Probate?
Finding the Law and Using Court Forms
Types of Property
Which Assets Must Be Probated?
Which Assets Do Not Have to Be Probated?
The Probate Personal Representative
Income Taxes
Estate and Inheritance Taxes
The Probate Process
Funeral Arrangements and Other Immediate Tasks
Transferring Non-Probate Assets	9	(22)
Joint Tenancy
P.O.D. Bank Accounts and T.O.D. Brokerage Accounts
Life Insurance, Annuities, Pensions, IRAs, and Private Retirement Accounts
Totten Trust Account
Living Trust
Property Passing to a Surviving Spouse
Small Estate Distribution
Starting Probate Proceedings	31	(8)
Waiver of Right to Act as a Personal Representative
Preparing the Petition for Probate
Proof of Subscribing Witness Form
The Hearing	39	(8)
Setting the Petition for Probate for a Court Hearing
The Hearing
Order for Probate
Duties and Liabilities of the Personal Representative
Bond
Letters
Personal Representative's Initial Steps	47	(4)
Understanding Fiduciary Duty
Marshaling Estate Assets
Request for Special Notice
Inventory and Appraisal	51	(8)
Types of Inventory and Appraisals
Preparing the Inventory and Appraisal
Submitting the Inventory and Appraisal to the Probate Referee
Filing the Inventory and Appraisal
Handling Creditor's Claims	59	(8)
Duty to Ascertain Creditors
Informal Payment of Debts
Giving Written Notice to Creditors
Claims Not Covered by the Regular Rules
Filing the Creditor's Claim
Allowing or Rejecting a Creditor's Claim
Contesting Allowance or Rejection of Claim
Informal Resolution of Rejected Claims
Judgments
Family Protection	67	(4)
Temporary Family Protection
Exempt Property
Probate Homestead
Family Allowance
Small Estate Set-Aside
Independent Administration of Estates Act	71	(6)
Actions That Cannot Be Taken under the IAEA
Actions That Can Be Taken under the IAEA
Sales	77	(16)
Published Notice of Sale
Court Approval of Sales
Personal Property Sales
Real Property Sales
Taxes	93	(8)
Income Taxes
Income Tax Basis Adjustment
Inheritance and Estate Taxes
Conclusion
Final Distribution	101	(12)
Final Distribution and Closing the Estate
Notice of the Hearing
The Hearing
Order Settling Final Account
Final Distribution
Glossary	113	(4)
Appendix A: Sample Filled-In Forms	117	(106)
Appendix B: Blank Forms	223	(62)
Index	285