If you need to wrap up the affairs of a deceased family member or friend in California, you can save attorney fees by handling the probate process yourself. How to Probate an Estate in California supplies all the instructions, explanations and support you need. You may even be able to handle the whole process by mail, without setting foot in the courthouse. Learn how to: read a will determine who inherits property if there is no will handle probate paperwork collect life insurance and other benefits pay bills and taxes distribute property left through trusts The 14th edition is completely revised to provide the latest estate tax laws, and discusses changes in the rules on how IRA beneficiaries can withdraw money. It also covers the inheritance rights of registered domestic partners (as of July 1, 2003), and how to transfer “survivorship community property” to the surviving spouse.

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Many people aren't sure what the term "probate" really means. They think of it only as some long, drawn-out and costly legal formality surrounding a deceased person's affairs. Technically, probate means "proving the will" through a probate court proceeding. A generation ago, virtually every estate had to be reviewed by a judge before it could pass to those who would inherit it. Today there are several ways to transfer property at death, some of which don't require formal court proceedings, so the term is now often used broadly to describe the entire process by which an estate is settled and distributed. For example, a surviving spouse may now receive property outright from her deceased spouse without any probate proceedings at all. Joint tenancy property also escapes the need for formal probate, as does property left in a living (inter vivos) trust and property in a pay-on-death bank account (Totten trust). If an estate consists of property worth less than $100,000, it, too, can be transferred outside of formal probate. Fortunately, the paperwork necessary to actually transfer property to its new owners in the foregoing situations is neither time-consuming nor difficult. We discuss all of these procedures, as well as how to do a formal probate court proceeding. There is one thing you should understand at the outset: The person who settles an estate usually doesn't have much choice as to which property transfer method to use. That is, whether you are required to use a formal probate or a simpler method to transfer property at death depends on how much (or little) planning the decedent (deceased person) did before death to avoid probate. This is discussed in detail as we go along. Both formal probate and some of the other non-probate procedures involve filing papers at a court clerk's office, usually in the county where the decedent resided at the time of death. In larger counties, going to the main courthouse and other government offices in person can be an ordeal. To avoid this, you may settle most simple estates entirely by mail, even if a formal probate court proceeding is required. In other words, most probate matters don't require that you appear in court before a judge. In fact, settling an estate by mail is now the norm in many law offices. We will show you how to do this as we go along. What Is Involved in Settling an Estate? Generally, settling an estate is a continuing process which: determines what property is owned by the decedent, pays the decedent's debts and taxes, if any, and distributes all property that is left to the appropriate beneficiaries. When a person dies, she may own several categories of assets. Among these might be household belongings, bank and money market accounts, vehicles, mutual funds, stocks, business interests and insurance policies, as well as real property. All property owned by the decedent at the time of her death, no matter what kind, is called her "estate." To get this property out of the name of the decedent and into the names of the people who inherit it requires a legal bridge. There are several types of legal procedures or bridges to move different kinds of property to their new owners. Some of these are the equivalent of large suspension bridges that will carry a lot of property while others are of much less use and might be more analogous to a foot bridge. Lawyers often use the word "administrate" and call this process "administering an estate." In this book we refer to these procedures collectively as "settling an estate."

 

I. Introduction 1. An Overview 2. First Steps in Settling an Estate 3. Who Are the Heirs and Beneficiaries? 4. What Is the Decedent’s Estate? 5. Preparing a Schedule of the Assets and Debts 6. How to Identify the Best Transfer Procedure 7. What About Taxes? 8. Transferring Title to Real Property 9. How to Transfer Securities 10. Joint Tenancy Property 11. Transferring Small Estates Under $100,000 12. How to Transfer Trust Property and Property Subject to Life Estates 13. An Overview of the Probate Court Process 14. Conducting a Simple Probate Court Proceeding 15. Handling Property That Passes Outright to the Surviving Spouse 16. If You Need Expert Help Glossary Appendix A: California Probate Code §§ 13100–13106 Appendix B: Tear-Out Judicial Council Forms Appendix C: Tear-Out Non-Judicial Council Forms Index

Julia Nissley Julia Nissley was Probate Administrator with the Los Angeles law firm of Silverberg, Rosen, Leon & Behr for many years. She is an honors graduate of the Attorney Assistant Training Program in Probate Administration at the University of California Los Angeles School of Law, and a member of the UCLA Attorney Assistant Alumni Association and the Los Angeles Paralegals Association. Julia is a native Californian and enjoys playing tennis and riding trains with her husband, Ron. Author of How to Probate an Estate, Julia now operates her own probate typing service for all California counties, handling all kinds of probate paperwork through the mail or in person.

 

How to Probate an Estate in California by Julia Nissley
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