Category Archives: Probate Attorney

How to Start a California Probate

Court rules and requirements regarding probate procedure overwhelm people. However, probate courts often respond to these rules differently. Accordingly, the following information covers generalities about California probate. Please refrain from referring to them as a treatise. These guidelines offer an idea about what many probate courts require. Seek the advice of counsel before filing any […]

What is Probate Court?

Assets held in “Joint Tenancy” should not require a probate. For instance, the title can be held by two individuals “as joint tenants.”

Probate: What Are The Intestate Rights Of A Surviving Spouse?

What Are The Intestate Rights Of Inheritance Upon The Death Of A Married Person PROBATE: Click on this podcast to find out what you will inherit from your spouse when he or she dies. You may be surprised at some of the answers. This information is not to be taken as legal advice. For probate […]

What Assets Can Be Administered By The Probate Court When The Decedent’s Will Is Filed?

Only certain assets left through a person’s will can be administered through a probate proceeding. For a married person, all of his or her separate property, which is in that person’s name alone, can be distributed through a probate court proceeding. Separate property is identified as what was owned by the decedent before marriage. In […]

What Happens To A Mortgage During Probate?

Many probates involve real estate where a mortgage or loan, is secured by a deed of trust which is recorded against title of the subject real property. Properly recorded mortgages survive the death of the borrower/owner of the property, and remain as liens against the real property through probate. As a result, mortgages are not […]