By Julia P. Nissley
Nissley exhibits readers easy methods to look after the free ends which are left whilst an individual dies, and explains how you can deal with the probate procedure speedy and with out expensive felony charges.
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Additional info for How to Probate an Estate: California (10th ed)
Although most California estates can be settled easily with the procedures described in the following chapters, some will require at least some formal legal assistance. Therefore, it's important to know if the one you are dealing with is beyond the scope of this book. First, an estate that can be settled using this book (a "simple estate," for lack of a better term) is one that consists of the common types of assets, such as houses, land, a mobile home, bank accounts, household goods, automobiles, collectibles, stocks, money market funds, promissory notes, etc.
Taking Care of the Estate During Probate 13/17 F. Closing the Estate 13/22 Page viii Chapter 14 Conducting a Simple Probate Court Proceeding Step 1: Prepare the Petition for Probate 14/2 Step 2: Prepare the Certificate of Assignment 14/14 Step 3: Prepare the Notice of Petition to Administer Estate 14/15 Step 4: File Your Petition for Probate 14/20 Step 5: Complete the Proof of Subscribing Witness Form 14/22 Step 6: Complete a Proof of Holographic Instrument 14/27 Step 7: Notify the Director of Health Services 14/28 Step 8: Prepare Your Order for Probate 14/28 Step 9: Study and Respond to the Calendar Notes 14/29 Step 10: Prepare the Letters 14/33 Step 11: Prepare the Duties and Liabilities of Personal Representative Form 14/33 Step 12: Prepare the Application for Appointment of Probate Referee 14/33 Step 13: Prepare Notice of Proposed Action, If Necessary 14/39 Step 14: Prepare the Inventory and Appraisement Form 14/45 Step 15: Notify Creditors and Deal with Creditor's Claims and Other Debts 14/54 Step 16: Prepare the Petition for Final Distribution 14/65 Step 17: Prepare Notice of Hearing (Probate) 14/87 Step 18: Prepare Order of Final Distribution 14/88 Step 19: Transfer the Assets and Obtain Court Receipts 14/92 Step 20: Request Discharge From Your Duties 14/98 Chapter 15 Handling Property That Passes Outright to the Surviving Spouse A.
One way to feel secure that you have met your duty of care is to check all of your conclusions (and paperwork) with a lawyer before actually distributing assets. Since you will be doing all the actual work yourself, this needn't be expensive. We discuss how to hire and compensate a lawyer in Chapter 16. Page 2/6 C. Specific Duties of the Estate Representative Whether acting formally or informally, your job as an estate representative is to take possession of the decedent's property and safeguard it until all obligations of the estate are met and the remaining assets are distributed to the proper persons.