How to Probate an Estate in California
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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 How to Probate an Estate in California includes all the necessary forms and step-by-step instructions. The 13th edition is completely revised to cover the latest estate tax laws, a new form of property ownership called "community property with right of survivorship," and how the latest court cases affect updating beneficiaries after divorce. About the Author 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. Ken Cady "Written in the same easy-to-understand, forthright manner that [Nolo's] books are known for..." -- The Sentinel, San Francisco
I. Introduction1. An OverviewA. 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 CoversE. Simple Estate ChecklistF. Important Terms DefinedG. Insolvent EstatesH. Estate TaxesI. Do You Need an Attorney?2. First Steps in Settling an EstateA. Who Should Act as the Estate Representative?B. Responsibilities of the Estate RepresentativeC. Specific Duties of the Estate Representative3. Who Are the Heirs and Beneficiaries?A. Where to StartB. How to Read a WillC. Compare Schedule of Assets With Property Left in WillD. Who Inherits When the Will Is Ineffective?E. If There Is No WillF. The Concept of Right of Representation4. What Is the Decedent's Estate?A. Real PropertyB. Personal PropertyC. What Establishes Ownership of Property?D. How Was the Decedent's Property Owned?E. How to Determine Whether Property Is Community or SeparateF. Actions That Change the Character of PropertyG. Property That Is a Mixture of Community and Separate PropertyH. Examples of Property OwnershipI. Property Acquired by Couples Before They Moved to California5. Preparing a Schedule of the Assets and DebtsA. Describe Each AssetB. Value Each Asset (Column A)C. How to Determine Ownership of PropertyD. 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 DebtsG. Checklist of Property to List on Schedule of As-setsH. Schedule of Assets for a Sample Estate6. How to Identify the Best Transfer ProcedureA. Non-Probate AssetsB. Assets That May Be Subject to Formal Pro-bateC. Examples of How Assets Are Transferred in Typical EstatesD. Sample Estates7. What About Taxes?A. Decedent's Final Income Tax ReturnB. Fiduciary Income Tax ReturnsC. Other Income Tax ReturnsD. Stepped-Up Tax Basis Rules for Inherited PropertyE. Federal Estate Tax ReturnF. California Estate Tax ReturnG. California Inheritance TaxH. Tax Issues for Some Typical Estates8. Transferring Title to Real PropertyA. Ways to Transfer Real Estate After DeathB. Basic Information on Recording DocumentsC. Change in Ownership StatementsD. How to Record Your Document Transferring TitleE. Mortgages9. How to Transfer SecuritiesA. Documents Required to Transfer SecuritiesB. The Stock or Bond PowerC. The Affidavit of DomicileD. The Transmittal LetterE. How to Sell SecuritiesF. The Stock Transfer Tax10. Joint Tenancy PropertyA. Where to StartB. How to Clear Title to Real Property in Joint TenancyC. How to Clear Title to Securities Held in Joint TenancyD. How to Clear Title to Motor Vehicles and Small Boats Held in JointTenancyE. How to Clear Title to Joint Tenancy Bank Ac-counts (and Totten TrustAccounts)F. How to Clear Title to Money Market Funds and Mutual FundsG. How to Clear Title to U.S. Savings Bonds in Co-Ownership11. Transferring Small Estates Under $100,000A. Overview of the Simplified Transfer Procedure for Small EstatesB. How to Determine Whether You Can Use Summary ProceduresC. How to Transfer the Property12. How to Transfer Trust Property and Property Subject to Life EstatesA. Notifying Heirs and BeneficiariesB. Trust PropertyC. Handling Debts and ExpensesD. How to Transfer Property Held in Living TrustsE. Life Tenancy (Life Estate)13. An Overview of the Probate Court ProcessA. Do You Really Need a Probate Court Proceeding?B. Probate ChecklistC. Dealing With the Probate CourtD. Beginning the Probate ProcessE. Taking Care of the Estate During ProbateF. Closing the Estate14. Conducting a Simple Probate Court ProceedingStep 1: Prepare the Petition for ProbateStep 2: Prepare the Certificate of AssignmentStep 3: Prepare the Notice of Petition to Administer EstateStep 4: File Your Petition for ProbateStep 5: Complete the Proof of Subscribing Witness FormStep 6: Complete a Proof of Holographic InstrumentStep 7: Notify the Director of Health ServicesStep 8: Prepare Your Order for ProbateStep 9: Study and Respond to the Calendar NotesStep 10: Prepare the LettersStep 11: Prepare the Duties and Liabilities of Personal Representative FormStep 12: Prepare the Application for Appointment of Probate RefereeStep 13: Prepare Notice of Proposed Action, If NecessaryStep 14: Prepare the Inventory and Appraisal FormStep 15: Notify Creditors and Deal With Creditor's Claims and Other DebtsStep 16: Prepare the Petition for Final DistributionStep 17: Prepare Notice of Hearing (Pro-bate)Step 18: Prepare Order of Final DistributionStep 19: Transfer the Assets and Obtain Court ReceiptsStep 20: Request Discharge From Your Duties15. Handling Property That Passes Outright to the Surviving Spouse orDomestic PartnerA. An Overview of These Simplified ProceduresB. Collecting Compensation Owed the DecedentC. Affidavit for Transferring Community Real PropertyD. Survivorship Community PropertyE. The Spousal or Domestic Partner Property PetitionF. How to Transfer the Assets to the Surviving Spouse or Partner16. If You Need Expert HelpA. What Kind of Expert Do You Need?B. Using a Legal Document AssistantC. Using a LawyerGlossaryAppendix A: California Probate Code §§ 13100-13106Appendix B: Judicial Council FormsDE-111 Petition for ProbateDE-120 Notice of HearingDE-121 Notice of Petition to Administer EstateDE-131 Proof of Subscribing WitnessDE-135 Proof of Holographic InstrumentDE-140 Order for ProbateDE-147 Duties and Liabilities of Personal RepresentativeDE-147S Confidential Supplement to Duties and Liabilities of PersonalRepresentativeDE-150 LettersDE-157 Notice of Administration to CreditorsDE-160 Inventory and AppraisalDE-161 Inventory and Appraisal AttachmentDE-165 Notice of Proposed ActionDE-174 Allowance or Rejection of Creditor's ClaimDE-221 Spousal or Domestic Partner Property PetitionDE-226 Spousal or Domestic Partner Property OrderDE-270 Ex Parte Petition for Authority to Sell Securities and OrderDE-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 PropertyAppendix C: Non-Judicial Council FormsDeclaration Regarding Property Passing to Decedent's Surviving Spouse orRegistered Domestic Partner Under Probate Code § 13500Who Inherits Under the Will?Schedule of AssetsNotification by TrusteeAffidavit-Death of Joint TenantAffidavit-Death of TrusteeAffidavit-Death of SpouseAffidavit-Death of Domestic PartnerAffidavit-Death of Spouse or Domestic Partner-Survivorship CommunityPropertyAffidavit for Collection of Personal Property Under California ProbateCode §§ 13100-13106Deed to Real PropertyProbate 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 ReportIndex
