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A LAST WILL & TESTAMENT
is a written document which leaves the estate of the person
who signed the will to named persons or entities (beneficiaries,
legatees, divisees) including portions or percentages of the
estate, specific gifts, creation of trusts for management and
future distribution of all or a portion of the estate (a testamentary
trust).
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A CODICIL is a written
amendment to a person's will, which must be dated, signed and
witnessed just as a will would be, and must make some reference
to the will it amends
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Did You Know?
A LIVING WILL is a
document authorized By statutes in all states in which a person
appoints someone as his/her proxy or representative to make
decisions on maintaining extraordinary life-support if the person
becomes too ill, is in a coma or is certain to die.
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Did You Know?
A LIVING TRUST
is sometimes called an inter vivos (Latin for "within one's
life") trust, a trust created by a declaration of trust executed
by the trustor or trustors (also called settlor or settlors)
during his/her/their lifetime, as distinguished from a "testamentary
trust," which is created by a will and only comes into force
upon the death of the person who wrote the will.
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Did You Know?
PROBATE is the process
of proving a will is valid and thereafter administering the
estate of a dead person according to the terms of the will.
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Edition: 18th
Pages: 464 pp
Pub. Date: Mar 2007
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Table of Contents
Forms
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The completely updated 18th edition
explains the latest laws, estate taxes and forms
for the current year.
List of Forms
Judicial Council Forms
- DE-111 Petition for Probate
- DE-120 Notice of Hearing
- DE-121 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-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
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How to Probate an Estate in California
By Julia Nissley, Nolo Press
Venue:
California.
View our
Estate Planning Packages that offer the best options and
prices on the internet.
Description:
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
- transfer community property to a surviving spouse or
domestic partner
- pay bills and taxes
- distribute property left through trusts
Table of Contents
I. Introduction
1. An Overview
- A. 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 Covers
- E. Simple Estate Checklist
- F. Important Terms Defined
- G. Insolvent Estates
- H. Estate Taxes
I. Do You Need an Attorney?
2. First Steps in Settling an Estate
- A. Who Should Act as the Estate Representative?
- B. Responsibilities of the Estate Representative
- C. Specific Duties of the Estate Representative
3. Who Are the Heirs and Beneficiaries?
- A. Where to Start
- B. How to Read a Will
- C. Compare Schedule of Assets With Property Left in
Will
- D. Who Inherits When the Will Is Ineffective?
- E. If There Is No Will
- F. The Concept of Right of Representation
4. What Is the Decedent's Estate?
- A. Real Property
- B. Personal Property
- C. What Establishes Ownership of Property?
- D. How Was the Decedent's Property Owned?
- E. How to Determine Whether Property Is Community or
Separate
- F. Actions That Change the Character of Property
- G. Property That Is a Mixture of Community and Separate
Property
- H. Examples of Property Ownership
- I. Property Acquired by Couples Before They Moved to
California
5. Preparing a Schedule of the Assets and Debts
- A. Describe Each Asset
- B. Value Each Asset (Column A)
- C. How to Determine Ownership of Property
- D. 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 Debts
- G. Checklist of Property to List on Schedule of As-sets
- H. Schedule of Assets for a Sample Estate
6. How to Identify the Best Transfer Procedure
- A. Non-Probate Assets
- B. Assets That May Be Subject to Formal Pro-bate
- C. Examples of How Assets Are Transferred in Typical
Estates
- D. Sample Estates
7. What About Taxes?
- A. Decedent's Final Income Tax Return
- B. Fiduciary Income Tax Returns
- C. Other Income Tax Returns
- D. Stepped-Up Tax Basis Rules for Inherited Property
- E. Federal Estate Tax Return
- F. California Estate Tax Return
- G. California Inheritance Tax
- H. Tax Issues for Some Typical Estates
8. Transferring Title to Real Property
- A. Ways to Transfer Real Estate After Death
- B. Basic Information on Recording Documents
- C. Change in Ownership Statements
- D. How to Record Your Document Transferring Title
- E. Mortgages
9. How to Transfer Securities
- A. Documents Required to Transfer Securities
- B. The Stock or Bond Power
- C. The Affidavit of Domicile
- D. The Transmittal Letter
- E. How to Sell Securities
- F. The Stock Transfer Tax
10. Joint Tenancy Property
- A. Where to Start
- B. How to Clear Title to Real Property in Joint Tenancy
- C. How to Clear Title to Securities Held in Joint Tenancy
- D. How to Clear Title to Motor Vehicles and Small Boats
Held in Joint Tenancy
- E. How to Clear Title to Joint Tenancy Bank Ac-counts
(and Totten Trust Accounts)
- F. How to Clear Title to Money Market Funds and Mutual
Funds
- G. How to Clear Title to U.S. Savings Bonds in Co-Ownership
11. Transferring Small Estates Under $100,000
- A. Overview of the Simplified Transfer Procedure for
Small Estates
- B. How to Determine Whether You Can Use Summary Procedures
- C. How to Transfer the Property
12. How to Transfer Trust Property and Property Subject
to Life Estates
- A. Notifying Heirs and Beneficiaries
- B. Trust Property
- C. Handling Debts and Expenses
- D. How to Transfer Property Held in Living Trusts
- E. Life Tenancy (Life Estate)
13. An Overview of the Probate Court Process
- A. Do You Really Need a Probate Court Proceeding?
- B. Probate Checklist
- C. Dealing With the Probate Court
- D. Beginning the Probate Process
- E. Taking Care of the Estate During Probate
- F. Closing the Estate
14. Conducting a Simple Probate Court Proceeding
- Step 1: Prepare the Petition for Probate
- Step 2: Prepare the Certificate of Assignment
- Step 3: Prepare the Notice of Petition to Administer
Estate
- Step 4: File Your Petition for Probate
- Step 5: Complete the Proof of Subscribing Witness Form
- Step 6: Complete a Proof of Holographic Instrument
- Step 7: Notify the Director of Health Services
- Step 8: Prepare Your Order for Probate
- Step 9: Study and Respond to the Calendar Notes
- Step 10: Prepare the Letters
- Step 11: Prepare the Duties and Liabilities of Personal
Representative Form
- Step 12: Prepare the Application for Appointment of
Probate Referee
- Step 13: Prepare Notice of Proposed Action, If Necessary
- Step 14: Prepare the Inventory and Appraisal Form
- Step 15: Notify Creditors and Deal With Creditor's Claims
and Other Debts
- Step 16: Prepare the Petition for Final Distribution
- Step 17: Prepare Notice of Hearing (Pro-bate)
- Step 18: Prepare Order of Final Distribution
- Step 19: Transfer the Assets and Obtain Court Receipts
- Step 20: Request Discharge From Your Duties
15. Handling Property That Passes Outright to the Surviving
Spouse or Domestic Partner
- A. An Overview of These Simplified Procedures
- B. Collecting Compensation Owed the Decedent
- C. Affidavit for Transferring Community Real Property
- D. Survivorship Community Property
- E. The Spousal or Domestic Partner Property Petition
- F. How to Transfer the Assets to the Surviving Spouse
or Partner
16. If You Need Expert Help
- A. What Kind of Expert Do You Need?
- B. Using a Legal Document Assistant
- C. Using a Lawyer
Glossary
Appendix A: California Probate Code §§ 13100-13106
Appendix B: Judicial Council Forms
- DE-111 Petition for Probate
- DE-120 Notice of Hearing
- DE-121 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-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
Appendix C: 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
Index
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Did You Know?
A POWER OF ATTORNEY
is a written document signed By a person giving another person
the power to act in conducting the signer's business, including
signing papers, checks, title documents, contracts, handling
bank accounts and other activities in the name of the person
granting the power.
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A POWER OF ATTORNEY FOR HEALTHCARE
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the full power and authority to make healthcare decisions for
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