California Probate: Letters Testamentary or Letters of Administration

Petition For Probate of Will and Letters Testamentary or Petition For Letters of Administration. What’s the Difference?   Dictionary.com defines “testate” as having made and left a valid will. A valid will is used to distribute property after death and directs how this is to be accomplished. After a person dies, their will is filed with the court to be used as the basis for how the probate will proceed. When a probate is initiated with a valid will, a probate of Will and Letters Testamentary is usually filed in the county where the deceased person resided or where they left […]

Full VS Limited Authority in a California Probate Case

The Difference Between a Probate Case with Full Authority and a Probate Case with Limited Authority: When the probate court gives an executor or administrator the authority to manage a case with full authority it means certain actions can be done with less of the judge’s supervision. More independence to manage the probate translates to less paperwork, less delay and possibly less time spent in the courtroom. The guidelines of the Independent Administration of Estates Act must be followed along with all court requirements and procedures. The ease is probably most notable in the sale of a home.
If the estate […]

What is a Probate Note Deficiency

It is an error in the handling of a petition that does not meet legal requirements or court rules. Perhaps a document was prepared incorrectly, a procedure was overlooked, or a document still needs to be filed. A few examples of a deficiency are, “No notice of hearing filed”, “Notice filed mailed less than 30 days prior to hearing” or “No accounting filed”.
Deficiencies must be cleared or corrected before a court order is signed by the judge and filed with the court. In some cases, if there are no deficiencies, the petition will be approved without a court appearance necessary. […]

What Are Probate Notes – California Probate

Probate Notes are a written review of a case prepared by the probate examiner prior to an upcoming hearing. The notes contain a brief summary of the case, including the names of the parties involved, the reason for the hearing, and the deficiencies if any. The examiner gives a recommendation or asks a question. The purpose is to make sure that everything has been handled properly and nothing is missing in the file. Probate notes are prepared anywhere from several weeks prior to hearing or as late as a day prior to a hearing. Probate notes might be reviewed and […]

Documents Everyone Should Have in their Fire Proof Safe

What causes the biggest headache when it’s time to settle an estate and distribute assets? The answer is when important documents can’t be found. Trying to locate important papers, organize them, and sometimes complete them creates an extreme burden, the process to slow down and a unnecessary frustration. A difficult time is made much worse by the lack of pre-planning. It’s great when steps were taken to keep the matter outside of a courtroom, but it’s even better when everything is in one place to be handled efficiently. A bank safe deposit box or a fire proof safe are excellent […]