How to Probate an Estate in California 19th Edition by Julia Nissley, Lisa Fialco Attorney – Ebook PDF Instant Download/Delivery: 978-1413328424, 1413328423
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Product details:
ISBN 10: 1413328423
ISBN 13: 978-1413328424
Author: Julia Nissley, Lisa Fialco Attorney
Learn the system, minimize fees
When you’ve lost a loved one, the inevitable legal matters can seem difficult and confusing. Learning about probate and taking on some of the bureaucratic tasks yourself can provide clarity, peace of mind, and reduced legal fees.
How to Probate an Estate in California explains how to handle a simple estate and makes clear which tasks you may be able to manage without a lawyer.
Find out how to:
determine who inherits property
collect life insurance and other death benefits
use non-court transfer procedures
complete and file court paperwork
pay bills and file taxes, and
transfer property to heirs and beneficiaries.
Whether you plan to do most of the duties yourself or expect to work with an attorney, How to Probate an Estate in California will save you time and increase your confidence when wrapping up your loved one’s estate.
With Downloadable Forms
We’ll show you where to find all the forms you need online―either on this book’s unique web page or on court websites (details inside).
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 Assets
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 Probate
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 Accounts (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
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Step 1: Prepare the Petition for Probate
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Step 2: Prepare the Certificate of Assignment
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Step 3: Prepare the Notice of Petition to Administer Estate
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Step 4: File Your Petition for Probate
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Step 5: Complete the Proof of Subscribing Witness Form
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Step 6: Complete a Proof of Holographic Instrument
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Step 7: Notify the Director of Health Services
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Step 8: Prepare Your Order for Probate
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Step 9: Study and Respond to the Calendar Notes
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Step 10: Prepare the Letters
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Step 11: Prepare the Duties and Liabilities of Personal Representative Form
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Step 12: Prepare the Application for Appointment of Probate Referee
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Step 13: Prepare Notice of Proposed Action, If Necessary
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Step 14: Prepare the Inventory and Appraisal Form
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Step 15: Notify Creditors and Deal With Creditor’s Claims and Other Debts
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Step 16: Prepare the Petition for Final Distribution
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Step 17: Prepare Notice of Hearing (Probate)
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Step 18: Prepare Order of Final Distribution
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Step 19: Transfer the Assets and Obtain Court Receipts
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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
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Tags: Julia Nissley, Lisa Fialco Attorney, How to Probate, an Estate


