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As part of the proceeding,you file an inventory and an accounting of the estate.
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The first thing is to figure out who will be the representative of the estate If there is a will,the representative is the executor named in the will San Diego Probate Lawyer probate attorney 3914 Murphy Canyon Rd Suite A202,San Diego,CA 92123.
A will is not valid San Diego Probate Law probate attorney (858) 278-2800.
San Diego probate law San Diego probate attorney A last will can also deal with the care of any minor children (or adult children with disabilities).
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This is called a “fiduciary duty” San Diego probate attorney ( +1 (858) 278-2800 ).
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If you break your duty,you may end up being personally responsible for any loss to the value of the estate A living trust does not go through the probate process upon a person’s death,which can mean a faster distribution of assets to beneficiaries with no additional costs San Diego Probate Law Make sure you are doing all you need as estate representative to take care of the estate and help make sure it gets distributed correctly.
The answer to this question depends on how much (if any) probate-avoidance planning the deceased person did before death Steve Bliss Law San Diego probate attorney 3914 Murphy Canyon Rd Suite A202,San Diego,CA 92123.
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If the state where the deceased person lived has adopted a set of laws called the Uniform Probate Code,probate should be pretty straightforward San Diego probate attorney (858) 278-2800.
Personal property is all property that is not real,and it can be tangible or intangible San Diego Probate Lawyer San Diego probate lawyer ( +1 (858) 278-2800 ).


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Any portions of the estate that can’t be transferred more informally will likely have to be dealt with in probate court How the estate is dealt with will partly depend on whether the decedent died with a will or without one San Diego Probate Lawyer ( +1 (858) 278-2800 ).
San Diego Probate Attorney Your estate will pass to your heirs under the laws of Intestate Succession via a full probate proceeding.
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The general rule in California is that if you own a home,you are probably going to probate as most homes are worth at least $150,00000 If you have a small estate of less than $150,00000,then a small estate affidavit is usually all that is required.
Since your signature is normally required to transfer assets in your name to a third party and being deceased you are no longer able to sign over your assets,the court then steps in and supervises the transfer of the assets and payment of the debts.
If somebody dies in San Diego County,the main probate will be filed where the decedent died or where they had their place of residence.
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Is the estate too small to owe either state or federal estate tax Losing a loved one is a sad and difficult time for family,relatives,and friends San Diego Probate Law Your will and the entire court file is open to public review at the courthouse.
Steve Bliss Law The executor really cannot do things not approved by the probate court or the probate code.
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Accordingly,any of these people or the representatives may choose to appear at the probate hearing.
San Diego Probate Attorney As we have explained,there may be simplified procedures available,or it may have to be done formally in probate court.
San Diego Probate Law The first step taken at the hearing is for the court to take some basic testimony from the proposed personal representative.
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A trustmaker can modify his will,getting the arrangements for a testamentary trust,at any point during his lifetime San Diego probate lawyer 3914 Murphy Canyon Rd Suite A202,San Diego,CA 92123.
Did the maker of the will sign it under duress and also were they competent to create one at that time.

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San Diego Probate Lawyer probate lawyer A durable power of Attorney merely suggests that the document stays in result if you become incapacitated and unable to handle matters by yourself.
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In most states,these include streamlined “summary probate” and an entirely out-of-court process that requires presenting a simple sworn statement (affidavit) to the person or institution holding the asset San Diego Probate Attorney San Diego probate lawyer Since your signature is normally required to transfer assets in your name to a third party and being deceased you are no longer able to sign over your assets,the court then steps in and supervises the transfer of the assets and payment of the debts.
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A Trust is unfunded and property remains outside of the Trust’s intended protection from the probate process.
San Diego Probate Law Your estate will pass to your heirs under the laws of Intestate Succession via a full probate proceeding.