You have been appointed executor. The estate may have unpaid debts. California law sets out duties for handling creditor claims before you distribute assets. Taking the right steps can help you address valid debts while protecting the estate from improper payments....
Probate
What is the priority order of debts and expenses during probate?
Settling an estate during probate involves more than distributing assets to beneficiaries. California law requires the estate to pay certain debts and expenses in a specific order. This priority system ensures fair treatment of all claims. Understanding this process...
How the probate courts can help with an intestate estate
Most adults understand that they need a will. However, a significant percentage of people never get around to drafting one. They tell themselves they need to wait until they reach certain milestones or simply put it off as something to handle in the indefinite future....
Delivery of a will to the court is a key probate obligation
Probate courts help oversee estate administration to ensure compliance with testamentary instruments and state statutes. They can determine if a will is valid when there are concerns about the document and intervene when personal representatives fail to uphold their...
What should you know about the probate process?
When a person passes away, their estate will likely have to go through the probate process. In California, this is done by filing a petition in the California Superior Court. The process confirms the validity of the will if there is one, identifies the heirs, pays...
What are ancillary probate proceedings?
The probate courts oversee estate administration. They help ensure compliance with the law and give interested parties an opportunity to question the legitimacy of documents or make a claim against the estate. Generally speaking, any property owned by an individual...
Understanding the executor’s role in the probate process
When someone passes away with a will in place, the court typically appoints the named executor to oversee the probate and estate administration process. If no executor is named in the will, the court will appoint an estate administrator. Regardless of how they...
Beneficiaries have rights during the probate process
Probate is the legal procedure for distributing a decedent’s estate, and beneficiaries play a central role. While probate may be the last thing on your mind while mourning a loved one, it will happen. Understanding the probate process can help relieve the anxiety...
How long does probate last in California?
If you’re the one handling the estate of a loved one, you are probably wondering how long probate is going to take. It’s a fair question, but there is no clear-cut answer. In California, you may be looking at several months to well over a year. The process can move...
How can digital assets affect the probate process?
Probate can be an incredibly difficult process in and of itself. The presence of digital assets, such as cryptocurrency or valuable media, in your loved one’s estate can introduce even more complexities. Nevertheless, it is not something that proper preparation and...