Category Archives: Probate & Trust Administration

Content related to probate and trusts in California.

Peace During Probate

white dove or white pigeon carrying olive leaf branch on pastel background and clipping path and international day of peace

Can you achieve peace during probate? When Jennifer M. lost her father, it was heartbreaking. But just six months later, the death of her mother upended her life. Their family home in Walnut Creek — the place where she grew up, celebrated birthdays, and decorated the same old tree every Christmas — suddenly sat silent, full of memories but tangled in legal uncertainty

California Probate: Navigating the Labyrinth

California Probate. Vintage brush script. Handmade font. Retro Typeface. Vector font illustration.

Probate is not a quick process. In California, it can take anywhere from several months to over a year, depending on the complexity of the estate and the court’s workload. Handling probate independently means dedicating a significant amount of time to manage all aspects of the process.

California Probate & Peace of Mind

By entrusting the legal aspects of probate to a qualified attorney, you gain peace of mind knowing that the process is being handled professionally and efficiently. You can have confidence that your loved one’s wishes will be honored and that your interests are fully protected.

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.”

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 […]

How Long Does A Probate Usually Take?

Probate proceedings typically take about a year to complete, and can take even longer depending on the assets and complexities of the case. After the petition is filed, notices are given and probate publication is made. Probate statutory time frames must be adhered to, and apply to various aspects of the probate, including filing dates, […]

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 […]

California Still Has A 30 Month Look Back for Gifting

California still has the 30 Month Look Back Penalty Period for Gifting. There is a federal law known as the Deficit Reduction Act (DRA), which has a 60 month look back penalty period. However, California has not to date implemented that law. Medi-Cal eligibility workers are required to use the 30 month look back period. […]