A California Petition For Probate is filed in the Superior Court in the county where the decedent lived at the time of death. For example, if the decedent lived in Riverside County, but the real estate they owned was located in San Bernardino County, the probate case would be filed in the Riverside County. A common mistake is trying to file in the county where the property is located, rather than where the decedent lived, if it’s not the same. If they were not a California resident, but left property in California, the probate would be filed in the county […]

The legal process for a California probate starts when a Petition for Probate is filed at the court. When the Petition for Probate is filed at the Superior Court having jurisdiction, a case number is assigned and a date for a hearing is set. At the hearing, an executor or administrator is named and given authority to manage the estate until after the estate assets are distributed. Notices are given, the business of identifying and managing the property, and the payment of expenses and taxes are made until the time that an order is made to distribute the assets to […]

Overview: A Spousal Property Petition is a set of documents to request a probate hearing in which the court can make an order to transfer certain specific assets obtained through marriage or a domestic partnership. In this process, the court will give an order to transfer and confirm property to a surviving spouse. The California Court’s website states,
If the surviving spouse/partner is legally entitled to all of the property, a more complicated probate procedure may not be required.
With a Spousal Property Petition, property can be legally transferred to the surviving spouse in a little over one month’s time with less […]