How To Probate And Settle an Estate in California

by Godbe, Douglas; Talamo, John

• ISBN13: 9781572484641
• ISBN10: 1572484640
• Edition: 2nd
• Format: Paperback
• Copyright: 2004-09-01
• Publisher: Sphinx Pub

Summary

While probate is a complicated court process, How to Probate and Settle an Estate in California can help you understand, prepare for, and work through the steps necessary to handle both property that is subject to probate and property that is not subject to probate in the state of California. Written in an easy-to-understand manner, this book will give you confidence as you navigate the probate court system. From dealing with creditors' claims and changing property ownership to transferring assets and handling estate taxes, How to Probate and Settle an Estate in California covers the essentials you need to close an estate.

Table of Contents

Using Self-Help Law Books	vii
Introduction	xi
An Overview	1	(8)
Finding the Law and Using Court Forms
Types of Property
Assets that Must be Probated
Assets that Do Not Have to be Probated
The Personal Representative
Income Taxes
Estate and Inheritance Taxes
Using a Lawyer
Funeral Arrangements and Other Immediate Tasks
Transferring Nonprobate 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	(12)
Waiver of Right to Act as a Personal Representative
Preparing the Petition for Probate
Proof of Subscribing Witness Form and Proof of Holographic Instrument
The Hearing	43	(8)
Notice of the Hearing
The Hearing
Order for Probate
Duties and Liabilities of the Personal Representative
Bond
Letters
Personal Representative's Initial Steps	51	(6)
Understanding Fiduciary Duty
Marshaling Estate Assets
Request for Special Notice
Inventory and Appraisal	57	(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 Creditors' Claims	65	(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	73	(4)
Temporary Family Protection
Exempt Property
Probate Homestead
Family Allowance
Small Estate Set Aside
Independent Administration of Estates Act	77	(6)
Actions that Cannot be taken under the IAEA
Actions that Can be taken under the IAEA
Sales	83	(18)
Published Notice of Sale
Court Approval of Sales
Personal Property Sales
Real Property Sales
Taxes	101	(8)
Income Taxes
Income Tax Basis Adjustment
Estate Taxes
Conclusion
Final Distribution	109	(14)
Final Distribution and Closing the Estate
Notice of the Hearing
The Hearing
Order Settling Final Account
Final Distribution
Glossary	123	(8)
Appendix A: Sample Filled-In Forms	131	(118)
Appendix B: Blank Forms	249	(78)
Index	327