How to Probate an Estate in California

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How to Probate an Estate in California

Julia Nissley

March 2011, 21st Edition

Make informed decisions and save on attorney fees during the probate process, from deciphering a will to tackling taxes. With How to Probate an Estate in California, settle a loved one's estate and learn how to:

  • read a will
  • handle probate paperwork
  • collect life insurance and other benefits

Save time and money with this all-in-one guide!

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Handle the California probate process, from deciphering a will to tackling taxes

If you need to wrap up the affairs of a deceased family member or friend in California, you may find yourself wading through the process of probate. But did you know? You can save big on attorney fees by handling the probate process yourself.

How to Probate an Estate in California is the only book that provides all the forms, tips and step-by-step instructions you’ll need to settle a loved one's estate -- all written in plain English. You may even be able to handle the whole process by mail without setting foot in the courthouse!

With this easy-to-read guide, you'll learn how to:

  • read a will
  • determine who inherits property if there is no will
  • handle probate paperwork
  • collect life insurance and other benefits
  • transfer community property to a surviving spouse or domestic partner
  • pay bills and taxes
  • distribute property left through trusts

Even if you hire a lawyer to do the probate paperwork, this book demystifies the the process so that you can make informed decisions and communicate intelligently with the attorney about the estate -- and save cash in the process. Why spend over $13,000 on a lawyer to probate a $500,000 estate, when you can do almost all of it on your own?

The 21st edition contains important legal and tax updates, as well as newly updated probate forms.

Nolo has dozens of products created just for California residents. Check out Nolo's list of California products.

ISBN
9781413313154
Number of Pages
464
Included Forms

Judicial Council Forms

  • DE-111 Petition for Probate
  • DE-120 Notice of Hearing
  • DE-121 Notice of Petition to Administer Estate
  • DE-121 (MA) Attachment to Notice of Petition to Administer Estate
  • DE-131 Proof of Subscribing Witness
  • DE-135 Proof of Holographic Instrument
  • DE-140 Order for Probate
  • DE-147 Duties and Liabilities of Personal Representative
  • DE-147S Confidential Supplement to Duties and Liabilities of Personal Representative
  • DE-150 Letters
  • DE-157 Notice of Administration to Creditors
  • DE-160 Inventory and Appraisal
  • DE-161 Inventory and Appraisal Attachment
  • DE-165 Notice of Proposed Action
  • DE-174 Allowance or Rejection of Creditor's Claim
  • DE-221 Spousal or Domestic Partner Property Petition
  • DE-226 Spousal or Domestic Partner Property Order
  • DE-270 Ex Parte Petition for Authority to Sell Securities and Order
  • DE-295 Ex Parte Petition for Final Discharge and Order
  • DE-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 Property

Non-Judicial Council Forms

  • Declaration Regarding Property Passing to Decedent's Surviving Spouse or Registered Domestic Partner Under Probate Code § 13500
  • Who Inherits Under the Will?
  • Schedule of Assets
  • Notification by Trustee
  • Affidavit -- Death of Joint Tenant
  • Affidavit -- Death of Trustee
  • Affidavit -- Death of Spouse
  • Affidavit -- Death of Domestic Partner
  • Affidavit -- Death of Spouse or Domestic Partner -- Survivorship Community Property
  • Affidavit for Collection of Personal Property Under California
  • Probate Code §§ 13100-13106
  • Deed to Real Property
  • Probate 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 Report