When your loved one dies with a will, the will often has to go through probate court. If you find yourself appointed as the personal representative of a will, you have set duties you need to fulfill under California law. Learn some of the responsibilities of a...
What happens if an executor fails to file probate?
As a family deals with the death of a loved one, numerous issues arise, requiring immediate attention. The burden can become overwhelming, and it can be easy to put off some responsibilities. However, probate is a necessary process for managing the estate. Failure to...
How do executors handle a house sale during probate?
If you are an executor for an estate that includes valuable real property, such as a house, you may need to sell the property during the probate process. For instance, you might need to pay off estate debts or liquidate assets so they can distribute to heirs and...
Creditors may file claims against estates for unpaid debts
During probate, executors will need to handle claims filed against estates to recover unpaid debts from the deceased's assets. The Superior Court of California website notes that an estate’s personal representative also owes a duty to notify the deceased's known...
Factors that impact the cost of probate in California
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,...
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...
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...
What is simplified probate in California and do I qualify?
Probate law in California can be confusing even to the most versed estate planners. Many estates in California are worth millions and can take years to sort out after someone’s death. Thankfully, estates that are valued below $166,250 are considered “small estates.”...