Trust, Probate, Wills and Estates

Losing a loved one is sad and difficult time for family, relatives, and friends. In addition, those left behind must often figure out how to transfer property from the person who has died. The property that a person leaves behind when they die is called the “decedent’s estate.” The decedent is the person who died. Their estate is the property they owned when they died.

To transfer or inherit property after someone dies, you must usually go to court. And dealing with the courts and the property of someone who has died is very complicated. In California, if a decedent passes away without a trust, specific title vesting, or deed, the property goes into Probate. The word probate means, the official proving of a will. In other words, who legally is entitled to the property. Sometimes, however, family or relatives may be able to transfer property of someone without going to court.
This section will give you some general information to help you understand what your choices may be, but we still encourage you to talk to an attorney to get specific questions answered about your situation.

fm=f_Dx0DZlB

Different ways and estate can be transferred after someone dies

Here are some ways to avoid probate court:

  • If a house is owned by two or more people as joint tenants, the other owners have the right to survivorship, which means that they inherit the entire property in their name.
  • Real estate sometimes can be transferred without court with a transfer-on-death deed (also called a beneficiary deed)
  • Property in living trust can be transferred without going to court
fm=f_uV8DKwlz9mhJJEGGR

Different ways and estate can be transferred after someone dies

Here are some ways to avoid probate court:

  • If a house is owned by two or more people as joint tenants, the other owners have the right to survivorship, which means that they inherit the entire property in their name.
  • Real estate sometimes can be transferred without court with a transfer-on-death deed (also called a beneficiary deed)
  • Property in living trust can be transferred without going to court
fm=f_wNareDl

Probate

Probate means that there is a court case that deals with:

  • Deciding if a will exists and is valid
  • Figuring out who are the decedent’s heirs or beneficiaries
  • Figuring out how much the decedent’s property worth
  • Taking care of the decedents financial responsibilities to creditors
  • Transferring the decedent’s property to the heirs or beneficiaries

In a probate case, an executor (if there is a will) or an administrator (if there is no will) is appointed by the court as personal representative to collect the assests, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries (those who have the legal right to inherit), all under the supervision of the court. The entire case can take between 9 months to 1 year.

First steps in dealing with an estate when someone dies

 

 

  1. Figure out who will be the estate representative.
  2. As estate representative, start gathering information and fulfilling your duties.
  3. Figure out who the heirs and beneficiaries are.
  4. Identify and make an inventory of the decedent’s property.
  5. Figure out the best transfer process for the assets.