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How to Probate an Estate in California

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How to Probate an Estate in California

Pub. Date: Mar 2008
Edition: 19th
Pages: 464 pp
ISBN: 9781413307603
Forms: 40 forms
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Summary & Reviews Forms Table of Contents Sample Chapter Updates

Updates

Here are summaries of important legal or procedural changes that affect the latest edition of this product. If you want to check on the accuracy of any other information in the book, please follow the legal research instructions in the book or in Nolo's research manual, Legal Research: How to Find and Understand the Law.

What's New in the 19th Edition of Probate an Estate (CA)

Overview of What's New
All chapters have been revised and updated.

Updates include:

  • a new requirement to notify the Franchise Tax Board
  • updated instructions on estimated estate tax
  • a special instruction for getting full independent authority in Alameda County, and
  • new instructions for what to do if you can’t locate a beneficiary.

Who Needs the New Edition?
You Don't Need the New Edition If:
you just want general information about the probate process.

You Need the New Edition If:
you want to probate an estate in California.

Chapters Most Affected
Chapter 2 -- First Steps in Settling an Estate

Chapter 7 -- What About Taxes?

Chapter 13 -- An Overview of the Probate Court Process

Chapter 14 -- Conducting a Simple Probate Court Proceeding

Forms That Have Changed
No forms have changed.

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Revised Petition for Probate

Effective date: Mar. 1, 2008


California has revised the form Petition for Probate (DE-111).

This spring, the court in Estate of Claeyssens determined that California's practice of basing probate filing fees on the final appraised value of the estate is unconstitutional. To conform with this ruling, the court issued a revised Petition for Probate for mandatory use as of March 1, 2008.

If you are probating an estate in California, you must use this new form, rather than the form found in the current edition of How to Probate an Estate in California.

Get the updated form on California's court website at www.courtinfo.ca.gov/forms.

The instructions for preparing the Petition for Probate in Chapter 14 remain the same, except that the revision has caused the items to be renumbered. For example, Item 4a now applies to Item 3a, Item 4b now applies to 3b, and so on.

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