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 -transfer community property to a surviving spouse or -domestic partner -pay bills and taxes -distribute property left through trusts The completely updated 17th edition explains the latest laws, estate taxes and forms for the current year. List of Forms Judicial Council Forms DE-111 Petition for Probate DE-120 Notice of Hearing DE-121 Notice of Petition to Administer Estate DE-131 Proof of Subscribing Witness DE-135 Proof of Holographic Instrument DE-140 Order for Probate DE-147 Duties and Liabilities of Personal Representative DE-147S Confidential Supplement to Duties and Liabilities of Personal Representative DE-150 Letters DE-157 Notice of Administration to Creditors DE-160 Inventory and Appraisal DE-161 Inventory and Appraisal Attachment DE-165 Notice of Proposed Action DE-174 Allowance or Rejection of Creditor's Claim DE-221 Spousal or Domestic Partner Property Petition DE-226 Spousal or Domestic Partner Property Order DE-270 Ex Parte Petition for Authority to Sell Securities and Order DE-305 Affidavit re Real Property of Small Value ($20,000 or Less) DE-310 Petition to Determine Succession to Real Property (Estates of $100,000 or Less) DE-315 Order Determining Succession to Real Property Non-Judicial Council Forms Declaration Regarding Property Passing to Decedent's Surviving Spouse or Registered Domestic Partner Under Probate Code § 13500 Who Inherits Under the Will? Schedule of Assets Notification by Trustee Affidavit -- Death of Joint Tenant Affidavit -- Death of Trustee Affidavit -- Death of Spouse Affidavit -- Death of Domestic Partner Affidavit -- Death of Spouse or Domestic Partner-Survivorship Community Property Affidavit for Collection of Personal Property Under California Probate Code §§ 13100-13106 Deed to Real Property Probate Case Cover Sheet -- Certificate of Grounds for Assignment to District (L.A. County) Application and Order Appointing Probate Referee (L.A. County) Change in Ownership Statement (Death of Real Property Owner) (L.A. County) Affidavit or Declaration for Final Discharge and Order (L.A. County) Preliminary Change of Ownership Report

A. What Is Probate? 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 or domestic partner may receive property outright from the deceased spouse or partner 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 nonprobate 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. B. 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 his or her death, no matter what kind, is called his or 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 footbridge. 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."

 

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.

I. Introduction 1. An Overview A. What Is Probate? B. What Is Involved in Settling an Estate? C. How Long Does It Take to Settle an Estate? D. What This Book Covers E. Simple Estate Checklist F. Important Terms Defined G. Insolvent Estates H. Estate Taxes I. Do You Need an Attorney? 2. First Steps in Settling an Estate A. Who Should Act as the Estate Representative? B. Responsibilities of the Estate Representative C. Specific Duties of the Estate Representative 3. Who Are the Heirs and Beneficiaries? A. Where to Start B. How to Read a Will C. Compare Schedule of Assets With Property Left in Will D. Who Inherits When the Will Is Ineffective? E. If There Is No Will F. The Concept of Right of Representation 4. What Is the Decedent's Estate? A. Real Property B. Personal Property C. What Establishes Ownership of Property? D. How Was the Decedent's Property Owned? E. How to Determine Whether Property Is Community or Separate F. Actions That Change the Character of Property G. Property That Is a Mixture of Community and Separate Property H. Examples of Property Ownership I. Property Acquired by Couples Before They Moved to California 5. Preparing a Schedule of the Assets and Debts A. Describe Each Asset B. Value Each Asset (Column A) C. How to Determine Ownership of Property D. List the Value of the Decedent's Interest (Column D) E. Determine Whether Property Is Probate or Non-Probate Asset (Column E) F. List All Debts G. Checklist of Property to List on Schedule of As-sets H. Schedule of Assets for a Sample Estate 6. How to Identify the Best Transfer Procedure A. Non-Probate Assets B. Assets That May Be Subject to Formal Pro-bate C. Examples of How Assets Are Transferred in Typical Estates D. Sample Estates 7. What About Taxes? A. Decedent's Final Income Tax Return B. Fiduciary Income Tax Returns C. Other Income Tax Returns D. Stepped-Up Tax Basis Rules for Inherited Property E. Federal Estate Tax Return F. California Estate Tax Return G. California Inheritance Tax H. Tax Issues for Some Typical Estates 8. Transferring Title to Real Property A. Ways to Transfer Real Estate After Death B. Basic Information on Recording Documents C. Change in Ownership Statements D. How to Record Your Document Transferring Title E. Mortgages 9. How to Transfer Securities A. Documents Required to Transfer Securities B. The Stock or Bond Power C. The Affidavit of Domicile D. The Transmittal Letter E. How to Sell Securities F. The Stock Transfer Tax 10. Joint Tenancy Property A. Where to Start B. How to Clear Title to Real Property in Joint Tenancy C. How to Clear Title to Securities Held in Joint Tenancy D. How to Clear Title to Motor Vehicles and Small Boats Held in Joint Tenancy E. How to Clear Title to Joint Tenancy Bank Ac-counts (and Totten Trust Accounts) F. How to Clear Title to Money Market Funds and Mutual Funds G. How to Clear Title to U.S. Savings Bonds in Co-Ownership 11. Transferring Small Estates Under $100,000 A. Overview of the Simplified Transfer Procedure for Small Estates B. How to Determine Whether You Can Use Summary Procedures C. How to Transfer the Property 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 or Domestic Partner 16. If You Need Expert Help Glossary Appendix A: California Probate Code §§ 13100-13106 Appendix B: Judicial Council Forms Appendix C: Non-Judicial Council Forms Index

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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