For better or for worse, you may find that they are pushed to the California Probate loved and you probably want to know how the whole process works in California. The probate court actually issues a simple diagram of the succession process in your website is very useful as a reference. We discuss the process according to your diagram of the video here.Attorney: Randall Kaiden, Esq.Contact: http://www.the-trust-store.comThese online videos and reading materials were prepared by Randall F. Kaiden, Esq. www.the-and-Store.com Trust for informational purposes only. Therefore, do not constitute legal advice or services. See and read the information contained herein is not intended to create an attorney-client relationship. Do not rely on any information received here for any purpose without seeking independent legal advice from an attorney licensed in your state. The information provided here is general and may or may not reflect the most recent law. Therefore, the information contained herein is not guaranteed correct or complete. Nothing contained in this web site or broadcast in any other, is designed to be used or relied upon by any taxpayer for the purpose of avoiding penalties that may be imposed on taxpayers under the Internal Revenue Code of 1986, as amended. Taxpayers should seek TAX independent counsel to their particular circumstances, WITH RESPECT TO ANY transaction or matter CONTAINED HEREIN. Randall F. Kaiden and www.the-confidence-Store.com expressly disclaims any liability with respect to actions taken or not taken based on any and all information (in any format) provided here.

What is Probate, And What Are The Probate rules ?

Probate Rules and Procedures is a  process that seems to many outside the legal world to be a long, drawn-out and expensive process for settling a deceased person’s affairs. Many times the probate may be fairly straight-forward and not require an attorney. You may wish to have a probate attorney review your case. This information is not legal advice and is meant to give you an overview of the process.

What is Probate?
The term probate means “to prove” the will through a proceeding that usually occurs in court. However, a will does not always exist (or is not available) and laws are established in each state to deal with the orderly distribution of assets to those who are entitled to inherit them..

What is Involved in Settling an Estate?
Please go to the Executor page for a detailed description of the duties and liabilities of the personal representative.

1. What personal property and real estate (if any) is owned by the deceased person
2. Pays any taxes or debts that the deceased person may owe (including costs of doing probate).
3. Distribute all real and personal property which remains to the rightful beneficiaries

This property is said to be owned by the estate of the deceased person and must remain so until the judge or other court-appointed person says it may be distributed. However, it is often necessary to sell the property in order to satisfy the debts of the estate to close the probate.

How Long Does It Take to Settle an Estate?
The entire probate rules procedures will differ from state to state and the size and complexity of the “estate.” In some states, small estates may even avoid a formal probate, however the debts must still be paid. The minimum time an estate will likely be open is probably from six months to a year; often more depending on the complexity of the estate.

oK… my dad died in oct-2006.

Probate was just filed on 1-mar-2007 and courtdate of 12-mar-2007.

Executor: My uncle – lawyer was retained by him.
(He had stated previously he was reliquishing his executor status to Edward Jones (yet the laywer & docket info say uncle filed.

Question: as one of several direct children should we have recieved any notification about the probate before now…or is that still something that will happen during the course of probate process.

My biggest problem is that Im getting contradictory info depending on who I talk with (Lawyer,investment rep, uncle, etc?)..
Our dads will & trust is mostly going to his kids (us) though not all.

Only the house & personal items are not in the trust, yet the trust is seemingly being held up by probate (which doesnt make sense).

The file is too new for much to have happened yet, so it wouldn't really be accurate to say anything is being held up.

Your Uncle's previous statement of relinquishing executor status has no legal effect. When it gets put on paper and approved by the Probate Judge, he's no longer Executor, and the new one may be determined by what the Will says. Until then, your Uncle is it.

You are probably getting contradictory information because most of them don't know what they're talking about. The Lawyer is the one that should give you straight answers, assuming you are an heir under the Will.

If you are, you will be notified of everything the Probate Court is asked to do, before they decide whether or not to do it

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I owe back taxes which I am paying on installment plan. If I suddenly die, and my estate still owes federal taxes and there are no assets that can cover the taxes in probate process, could IRS lay any claim to a term policy that shows my sister as sole beneficiary. I help my sister financially and want her to have this if I die before she does.

No! If you were to die the value of the insurance policy would be an asset of your sister not you.

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Wouldn't everything just go to my wife? I understand a will just informs the judge of how I want my assets distributed – it doesn't 'side step' the probate process. I also understand the need for a revocable trust, to help lesson taxes and avoid probate (generalizing). I live in Ca. We are having a duaghter soon.

My assets are under 1 million but over 500k. I'd like some non biased feedback before I go to speak with an attorney.

Thanks!

First of all you NEED a "living will". And you need the document that tells who you want to handle your cash, your medical needs if you can't speak, and who you want to take care of you if you're in need.

you mentioned a trust, so I assume you have children. And you didn't say the age of your wife. There are things to think about that say your wife dies first and you die right after her say in an accident or visa versa, then your desires will get messed up if you don't have a will, or if you both don't have wills.

Everyone who has over $65,000 and owns anything MUST have a will. Under that they may or may not want to but they still must determine who their executor or executrix will be. Maybe your spouse will be older and never handled the money or elderly and can't handle the monty. So please, for your own good, contact an attorney ASAP and get all this taken care of. Remember to include your daughter (and you'd be adding children to your will as an Adendum later, or changing it altogether).

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I understand that the will must be brought before a judge for validation (probate process), but how long does that take? Is there a specific time period/waiting period? What happens after probate? Can someone walk me through it, please?
The executor has been established long ago. I just wondered what to expect. My mother-in-law is the one who's passed, and my father-in-law is the executor (even though they were divorced). I'm in Texas if that makes a difference. My father-in-law would like to give us my mother-in-law's vehicle for our daughter to drive, but I had heard this would take a long time. My husband put it on our insurance today, and I told him that he should have waited. I just wanted to know what to expect and if we should take the vehicle back off our insurance until the legalities are settled — and about how long that would take, assuming my father-in-law picks up his pace.

It really depends on the estate. Are there assets to be sold and debts to be settled? It could be a short period or a long one.

In any case, no assets should be passed to heirs until all debts have been settled. I agree that your hubby jumped the gun on insuring that vehicle. Wait till you actuall get title to that vehicle. It only takes a phone call to add the car to the insurance but you might be paying insurance on that car for months before you actually get it.

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To shorten this. My Fiancé passed away in April. We were together for 5 yrs. He passed away from cancer. Ok how does the will work. If someone leaves you things/money or whatever how do you see to get that? I just do not understand this whole process I am 29 and never thought I would plan a funeral and deal with this at 29 yrs old, thanks for the help.

Sorry for your loss. Do you have the will? If not, you need to locate it. The probate court needs an original signed will to begin the probate process. Plus, the will itself should name the “executor” of the estate, who is the person responsible for filing probate and distributing the assets of the estate. If you are named as a beneficiary, the executor is legally obligated to notify you. If you have heard nothing since April, you should contact your fiancé’s family and ask about the distribution of his estate.

Are you sure a will exists? It’s entirely possible a young person had no will (died “intestate”), in which case the intestacy laws of your state specify the distribution of the estate. Generally speaking, as a fiancée, you will get nothing in this case and the estate will go to next of kin.

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Are there penalties if the process is not started upon death of the title holder?

The probate process should start soon after the death of the owner. However there is no time limit for it to start.

The property can not be sold until probate is complete.

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Is this worth looking into?

First let's define probate:

"The act or process of proving a will. . . . The proof before a . . . duly authorized person that a document produced before him for official recognition and registration and alleged to be the last will and testament of a certain deceased person, is such in reality. A judicial act or determination of a court having competent jurisdiction establishing the validity of a will. . . . In American law, now a general name or term used to include all matters of which probate courts have jurisdiction."

The process is as follows:

A formal probate may be commenced by an interested person filing a petition that requests that the court, after notice and hearing, enter an order probating a Will, or a petition to set aside an informal probate of a Will or to prevent informal probate of a Will that is the subject of a pending informal probate. A formal probate may also be filed to obtain a Court order that the decedent died intestate. A petition may seek formal probate of a Will even if the same or a conflicting Will has been informally probated.

During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any Will of the decedent or any application for informal appointment of a personal representative of the decedent. Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must not make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of his office and requesting the appointment of a special administrator. In the absence of a request or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.

If you are an interested party it may be worth looking into.

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the estate is mostly securities. The market is tanking right now, and the portfolio is going down in value. The executor and fiduciary fees are already set by statute. But, don't they have a responsibility to me, the heir. I have made my request clear to sell ASAP to cover their fees. It has been in a brokerage account for quite some time, and the creditor claim period has passed way back in mid-July 2007. What recourse do I have? None?

If by statue they claim period has expired, they have no reason not to liquidate the securities at your request.

Final bill should either be submitted at the same time the final payments are dispursed, or should be submitted to you with an understanding you will fund from proceeds depending on state law.

Check with the probate court to see if a subsititute executor can be appointed

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