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How to Probate an Estate in California

How to Probate an Estate in CaliforniaAuthor: Julia Nissley
Publisher: NOLO
Category: Book

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Rating: 5.0 out of 5 stars 22 reviews
Sales Rank: 21635

Media: Paperback
Edition: 20
Pages: 450
Number Of Items: 1
Shipping Weight (lbs): 1.6
Dimensions (in): 10.7 x 8.4 x 1.1

ISBN: 1413309372
Dewey Decimal Number: 346.794052
EAN: 9781413309379
ASIN: 1413309372

Publication Date: April 7, 2009
Availability: Usually ships in 1-2 business days

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  • Condition: New
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  • Paperback - How to Probate an Estate in California
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Editorial Reviews:

Product Description
Covers the entire California probate process, from deciphering a will to tackling taxes.

If you need to wrap up the affairs of a deceased family member or friend in California, you can save attorney fees by handling the probate process yourself.

How to Probate an Estate in California is the only book that provides all the forms, tips and step-by-step instructions you'll need to settle a loved one's estate. You may even be able to handle the whole process by mail, without setting foot in the courthouse.

Learn how to:

  • read a will
  • determine who inherits property if there is no will
  • handle probate paperwork
  • collect life insurance and other benefits
  • transfer community property to a surviving spouse or domestic partner
  • pay bills and taxes
  • distribute property left through trusts

    Even if you hire a lawyer to do the probate paperwork, this book will help you understand the process so that you can make informed decisions and communicate intelligently with the attorney about the estate. Why spend over $13,000 on a lawyer to probate a $500,000 estate, when you can do almost all of it on your own?

    The 20th edition is completely updated with current probate and tax information.

    LIST OF FORMS
    Judicial Council Forms
    DE-111 Petition for Probate
    DE-120 Notice of Hearing
    DE-121 Notice of Petition to Administer Estate
    DE-121 (MA) Attachment to Notice of Petition to Administer Estate
    DE-131 Proof of Subscribing Witness
    DE-135 Proof of Holographic Instrument
    DE-140 Order for Probate
    DE-147 Duties and Liabilities of Personal Representative
    DE-147S Confidential Supplement to Duties and Liabilities of Personal Representative
    DE-150 Letters
    DE-157 Notice of Administration to Creditors
    DE-160 Inventory and Appraisal
    DE-161 Inventory and Appraisal Attachment
    DE-165 Notice of Proposed Action
    DE-174 Allowance or Rejection of Creditor's Claim
    DE-221 Spousal or Domestic Partner Property Petition
    DE-226 Spousal or Domestic Partner Property Order
    DE-270 Ex Parte Petition for Authority to Sell Securities and Order
    DE-295 Ex Parte Petition for Final Discharge and Order
    DE-305 Affidavit re Real Property of Small Value ($20,000 or Less)
    DE-310 Petition to Determine Succession to Real Property (Estates of $100,000 or Less)
    DE-315 Order Determining Succession to Real Property

    Non-Judicial Council Forms
    Declaration Regarding Property Passing to Decedent's Surviving Spouse or Registered Domestic Partner Under Probate Code 13500
    Who Inherits Under the Will?
    Schedule of Assets
    Notification by Trustee
    Affidavit -- Death of Joint Tenant
    Affidavit -- Death of Trustee
    Affidavit -- Death of Spouse
    Affidavit -- Death of Domestic Partner
    Affidavit -- Death of Spouse or Domestic Partner -- Survivorship Community Property
    Affidavit for Collection of Personal Property Under California
    Probate Code 13100-13106
    Deed to Real Property
    Probate Case Cover Sheet -- Certificate of Grounds for Assignment to District (L.A. County)
    Application and Order Appointing Probate Referee (L.A. County)
    Change in Ownership Statement (Death of Real Property Owner) (L.A. County)
    Affidavit or Declaration for Final Discharge and Order (L.A. County)
    Preliminary Change of Ownership Report


  • Customer Reviews:
    Showing reviews 1-5 of 22



    5 out of 5 stars This is THE Book To Have   April 15, 2000
    31 out of 31 found this review helpful

    Nolo Press, the publisher, has hits and misses. This book is a direct hit, surpassing any and all other books of its kind. It allows for an overview, but also provides substantial detail, providing copious forms and examples for illustration and assistance. The book is addressed to the market in California, and all the forms and Probate Code citations relate to California, but even residents of other States will find a wealth of information and suggestions to consider. The book may seem pricey compared to others of its kind, but the others are a waste of money set next this resource. If you're going to be involved in the administration of an estate, and intend to do your best, let this great guide help you do it.


    5 out of 5 stars The best book on the topic   May 21, 2001
    Eric Tilenius (San Francisco Bay Area, California, United States)
    24 out of 24 found this review helpful

    I ordered several books on estates and what to do after someone passes away; after reviewing all of them, this is THE book I really used. It was the most complete, helpful, and accessible book on the topic. Also, note that it does NOT just deal with Probate -- my situation did not involve probate (fortuntaely!), but I still found this book invaluable in helping me know what to do about all the various matters after my mother passed away. I highly recommend this book.


    5 out of 5 stars Indispensable - a tremendous value at twice the price!   March 26, 2004
    mike
    23 out of 23 found this review helpful

    As a layman with no legal experience whatsoever, I acted as executor and recently concluded probate... from another state entirely, without ever having set foot in California! All of the court-related matters were handled through the mail/fax thanks to the indispensable guidance of this book.

    Even if you're not acting as executor (or can't decide if you should), any party to probate should consider this book a "must-have". It is written for an executor but there is so much information on the 'mysterious' court procedures, anyone involved in a CA probate would be well-served by purchasing this book if for nothing other than to know "what is probate?" and "what is going on?"

    As executor, it's easy enough to find the forms on California court sites, and some (sites) have sketchy details to assist in filling them out (the court probate examiner informed me the most common cause of delays in an individual probate case is due to improperly filled out forms). But even this relatively simple step requires you have an understanding of how the civil court system works; something I am fairly certain too few people have (myself included). Not only does this book familiarize you with the court system and its procedures (a rewarding learning experience in its own right), as well as gameplan the (typical) entire probate process but shows in explicit detail how to fill out every line of every form you'll most likely need.

    None of this is to say probate is easy - I have not found mine to be and the estate was relatively simple. DIY probate is a lot of (detail/organizational) work. But I believe a large amount of the work involved for the first-time DIYer is due to unfamiliarity with the law, court procedures and its paperwork. Reading the book gave me the confidence that even so, I could do it myself and consult with an attorney on occasion rather than just washing my hands of it (and a pile of cash) by turning probate over to an attorney at the outset.

    I was fortunate in that my probate case was relatively straightforward to be handled as it was. But even if it weren't, you MUST arm yourself with information of this nature if you're considering hiring an attorney. Get that information in one topical, detailed and pleasant-reading book.

    Thanks so much Julia!


    5 out of 5 stars Indispensable. Beautifully written, thoughtfully compiled, and will save you a fortune.   January 1, 2007
    Roman Hans (Brooklyn, NY)
    12 out of 12 found this review helpful

    After my mother passed away and I was named executor, I discovered something: California's probate system is a massive, elaborate joke designed to make lawyers rich. It's incomprehensible how convoluted the process is, and how absolutely ZERO help is available. (The court clerks I turned to answered every question with this: "I can't tell you! I'm not a judge!" And, of course, it's not like you can contact a judge.) Imagine trying to file the tax returns for Microsoft without any training or instructions: that's just a hint of what you're in for here.

    Armed with this book, though, I got through the process. And -- against all odds, and despite the ridiculous restrictions and obfuscations this laughable legal system imposes on people WHOSE PARENTS JUST DIED -- I got all the way through probate, saving something like $10,000 in legal fees.

    So, if your estate doesn't have much money -- or the legal system just bugs the heck out of you, and you refuse to fling hard-earned money at those charlatans -- get this book and thank your lucky stars it exists.



    5 out of 5 stars A Wonderful book all the way!   September 15, 1999
    9 out of 9 found this review helpful

    Julia Nissley's book has held my hand for a year! Even though it does not claim to be of assistance in complicated estates, it has been my sole helper throughout distributing my husband's. I can't tell you what a feeling of satisfaction it has brought me to be able to save thousands of dollars for his heirs, wade through the complex legal establishment, and carry out his wishes personally, rather than delegate it to a stranger. I would not have had the confidence to do so without the clear, step by step and good-humored instructions in this book. What a service! Having this physical process in my hands has complemented the emotional and spiritual aspects of letting go of someone I love; it has given me a great sense of wholeness and completion. Thank you!

    Showing reviews 1-5 of 22