If someone dies with no estate planning documents, their estate is required to go through probate. Probate is a court-supervised process that can take a significant amount of time to complete. No one should have to pay for the cost of probate for someone’s estate....
Determining the cost of probate in California
In cases where there is a will but no trust or where the decedent dies with no estate planning documents, the deceased person's estate must pass through the court-supervised probate process. You should never have to pay from your pocket to probate an estate. The...
3 tips for an efficient probate process
Executing an estate can be challenging, especially if you have never done it before. There’s a lot to do and a lot to learn. While you can receive some compensation for your time, you only have so much time in the day. So the longer it takes to execute the estate,...
2 questions to ask before you agree to be an estate executor
The decision to create a will is an enormous one. A will makes clear the testator’s intentions regarding their estate and ensures that their assets are distributed according to their wishes. Basically, an estate executor is responsible for facilitating the probate...
What am I allowed and not allowed to do as an executor?
A distant relative has named you executor, and you’re ambivalent about this position. On the one hand, you’re honored to be trusted with the responsibility. On the other hand, you know very little about being an executor, which overwhelms you a bit. You may wonder...
Non-probate assets every executor in California should know about
If you have been appointed as the personal representative of someone's estate, you're probably wondering whether the entire estate, including property and trusts, will have to go through the probate process. Some types of assets are subject to probate while others are...
The challenges of being an executor for a family member
The executor of an estate is the individual who is tasked with making sure that the wishes of the deceased are carried out as instructed. This may sound very simple in theory but, in practice, it can actually be quite challenging. You’re a family member of the...
What if you don’t have the time to execute a will?
Many parents name one of their children as the executor of their estate. Executing a will can be complicated, especially during an emotional time. But what if you also don't have the time or ability to carry out their final wishes? If you don't have the time or...
Do you have to follow a person’s will regarding life insurance?
As the estate administrator, you know that it’s your job to pass the assets out to the heirs. The will is your guidebook that tells you how this is supposed to be done. You have to follow the instructions laid out for you by the person who died. Say that estate plan...
When heirs or beneficiaries are minors, you need a guardian ad litem
When a parent dies, leaving minor children as survivors, the minor children have inheritance rights. Whether the minor children inherit under a will or they inherit as intestate heirs, their rights must be represented in the probate process. Because children cannot...