Overview of Personal Representative’s Obligation to Marshal Assets of the Decedent’s Estate

One of the most important duties of an estate’s personal representative is to “marshal” estate assets to be included in the estate for distribution to the lawful beneficiaries, creditors, and other interested parties.  This basically means that when a new estate is opened, the personal representative is legally required to locate and take charge of…

What is a Heggstad Petition and When can it be Used to Transfer Property into a Trust?

One of the main purposes of setting up a Trust is to avoid the time and expenses associated with a California probate proceeding.  Sometimes, however, an estate asset is inadvertently left out of the trust document, and it’s too late to add it to the trust because the deceased has since passed away.  California Probate…

How to Lodge a Will in California

A personal representative is responsible for overseeing the estate, settling debts, and allocating assets according to the will’s directives. One of the personal representative’s first tasks when settling an estate involves lodging the will with the appropriate county court.  This article explains the process under California law.  Where to Lodge the Will Lodging of the…

Synopsis of California’s Small Estates Affidavit Procedure to Transfer Estate Assets to the Lawful Beneficiaries

Probating a will can be a time-consuming and expensive process. To alleviate these problems for smaller estates, California has enacted California Probate Code 13050, et seq.  This statutory scheme provides a procedural mechanism that allows a beneficiary to inherit a small estate easily and cost-effectively, without spending the time and money required for a formal…

Who is Responsible for Paying Debt of the Deceased?

Generally, the deceased person’s estate is responsible for paying any unpaid debts. If there is no money or property left, then the debt generally will not be paid.  While there are exceptions to this rule, discussed below, no law automatically saddles a family member with the debts of a deceased relative. The Estate is Generally…

The Basics Of A California Ancillary Probate Proceeding

What Is An Ancillary Probate Proceeding? If a person dies owning assets in his or her sole name or as a tenant in common, those assets will need to be probated in order to transfer them from the decedent to the names of the decedent’s heirs or beneficiaries. Probate typically occurs in the County where…