Share

Probate

Monday, September 18, 2017

Frequently Asked Questions About the Probate Process in California


Do I need an attorney if I am named a personal representative?

Probate is the court process through which a deceased person’s assets are distributed to their heirs.  While most of us are familiar with the term probate, few are aware of the intricacies of the probate process.  If you are preparing your estate plan, have been named as a personal representative, or are the heir to an estate in probate, you likely have many question about the probate process in the state of California.  Our


Read more . . .


Friday, August 11, 2017

California Probate Court: An Overview


California probate court is unique because it is a special division of the court system that deals only with probate issues, including managing decedents’ estates, guardianships of minors, conservatorships of adults, and trusts.

There are several probate courts throughout the state.


Read more . . .


Monday, July 31, 2017

What is Probate?


When someone dies, he or she likely needs to wind up his or her financial and legal matters. They rely on others and any plans that they have created before their passing to complete this task.


Read more . . .


Saturday, July 29, 2017

Accepting Your Job as an Executor


Ideally, a loved one will discuss your role as an executor of their estate long before they pass. This candid discussion will allow you to consider the duties and responsibilities of someone acting in this role. That way you can make an informed decision long before it matters for your loved one. However, those who pass may not always have the foresight or time to have this conversation. As a result, you may have an executor assignment that you did not necessarily agree to carry out.


Read more . . .


Thursday, July 27, 2017

Small Estate Probate in California


Small estates do not need to be probated in California. That means that if you can decrease the total value of your property to under $150,000, you can avoid probate in California altogether.

This process is often referred to as “Summary Probate.” The executor of the estate simply has to file an affidavit or declaration 40 days after the date of death has passed. This document will be used to collect the assets of the estate for distribution.


Read more . . .


Monday, June 19, 2017

The Perils of Probate Litigation: How to Avoid a Will Contest


There are a number of reasons to create a will not the least of which are to protect your assets and provide for your loved ones. Nonetheless, having a will does not necessarily mean your wishes will be carried out. In fact, an estate can be exposed to a will contest if a dispute arises among family members. 
 
While these disputes may arise when assets are not distributed equally among the beneficiaries, particularly adult children, a will can be contested for a number of reasons, including:

  • The testator lacked capacity
  • There was undue influence on the testator
  • The will was not properly executed
  • The will was prepared fraudulently 

Avoiding a Will Contest: 101

Although will contests are not uncommon, there are steps you can take to avoid a will contest and intervention by the probate court. One of the common mistakes people make in estate planning is procrastinating, and not preparing a will until their health is failing.
Read more . . .


Wednesday, May 31, 2017

Estate Planning: The Difference Between an Executor and an Administrator

When someone dies, someone has to administer his or her estate, regardless of whether he or she has a will in place or not. This person will ensure that any final debts and liabilities are paid and that beneficiaries receive what they should based on either the decedent’s will or intestate laws.

Technically speaking, there is little difference between the duties of an executor or an administrator. They will have the same responsibilities, but there are a few differences. The most important differences are how the individual gains his or her role and the “instructions” they must use to go through the


Read more . . .


Sunday, May 21, 2017

Duties and Responsibilities of a Probate Administrator

When you create a will, you name an executor to take care of your estate after your pass. This person will be responsible for not only carrying out your wishes as you have laid them out in your will, but he or she is also responsible for settling your debts as well. The duties of an executor or administrator can be somewhat daunting, so it is important to name someone whom you think will be up to the task.

Knowing what this person will do and how they may go about doing it can help you decide who should be your executor. As a potential or acting executor, knowing the basics of your role can go a long way toward completing your duties efficiently and in a way that will satisfy the beneficiaries.


Read more . . .


Sunday, April 16, 2017

Common Types of Will Contests

The most basic estate planning tool is a will which establishes how an individual's property will be distributed and names beneficiaries to receive those assets. Unfortunately, there are circumstances when disputes arise among surviving family members that can lead to a will contest. This is a court proceeding in which the validity of the will is challenged.
Read more . . .


Friday, March 31, 2017

Understanding the Probate Process in California

What happens during the probate process in California?

The death of a loved one is always traumatic and will require a considerable amount of time to process.  In the midst of your grief, you will likely also find yourself struggling to untangle the financial issues that often exist after a death.  It is important that you have a basic understanding of the probate process in the state of California so that you can timely initiate probate and comply with the requirements of the court.  Our experienced


Read more . . .


Wednesday, March 15, 2017

Responsibilities and Obligations of the Executor/ Administrator

When a person dies with a will in place, an executor is named as the responsible individual for winding down the decedent's affairs. In situations in which a will has not been prepared, the probate court will appoint an administrator. Whether you have been named  as an executor or administrator, the role comes with certain responsibilities including taking charge of the decedent's assets, notifying beneficiaries and creditors, paying the estate's debts and distributing the property to the beneficiaries.


Read more . . .


Archived Posts

2019
2018
2017
December
November
October
September
August
July
June
May
April
March
February
January
2016



Biddle Law is located in San Mateo and Belmont and services San Mateo County including San Carlos, Burlingame and Foster City.



© 2019 Biddle Law | Disclaimer
1900 South Norfolk Street, Suite 350, San Mateo, CA 94403
| Phone: 650.532.3470
1027 1/2 Alameda de las Pulgas, Belmont, CA 94002
| Phone: 650.532.3470

Estate Planning | Probate Administration | Estate Litigation | Advanced Estate Planning | Estate Tax Planning | Trust Administration | Business Succession Planning | Family Limited Partnerships | Pet Trusts | Avoiding Probate | | About Us | Testimonials | Contact Us | Video FAQs

Law Firm Website Design by
Amicus Creative