Hi, probate lawyer Scott Grossman here. Today, I'm discussing how to determine if property is going through probate. Probate is a process that must be completed when someone has passed away and their signature is required to transfer property to another person. Essentially, probate involves obtaining a court order that serves as a substitute for the deceased person's signature. The most common example of property that goes through probate is a house. For instance, if Jones Smith owned her house and she passes away, there is no way for her to sign a deed to transfer the title to someone else when the house is sold. In this case, you would need a court order from the probate court allowing you to transfer the title of the house from the probate estate to another person. However, it's not just real estate that goes through probate. Other assets include bank accounts, brokerage accounts, IRAs, and retirement plans. Essentially, any type of property that is solely in the name of the deceased person and requires their signature will go through probate. On the other hand, if the property is held in joint tenancy or has a designated beneficiary, it does not need to go through probate. In the case of joint tenancy, the surviving joint tenant becomes the sole owner upon the death of the other owner. If the deceased person has completed a designated beneficiary form, stating who the property should go to, then that property also passes outside of probate. To summarize, if the property is solely in the name of the deceased person and does not have a designated beneficiary, it will go through probate.
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California probate s Form: What You Should Know
Read about probate in California. There are a couple of important points to remember. Deceased people are not automatically deemed unfit to manage their own estate. Their guardian or conservator will have to file a petition with the Probate Court and the Court will give its approval if it's satisfied that the probate estate is in the best interest of the person who died. What are the Probate Rules? The probate rules, established under California Revised Statutes Section 1370, govern all probate proceedings in the state. They outline certain procedures that must be followed when filing any probate petition. Probate Procedure is available at. For a summary of what probate is and how to proceed in California probate, see the chapter Probate for Small Business.” The Rules of the Probate Court are as follows. (a) A probate petition is the first legal matter before the Probate Court. If you live within the county in which your spouse or former spouse/common law partner died, then you must file the petition in the county where the probate is performed. (b) A person may petition the Probate Court to issue a decree of probate for another person if: (1) the court determines from the facts that: (A) in the absence of the death of the other person, it is likely that he or her will or estate will be able to receive the use of probate; and (B) the person who died was an unmarried person of good character and no relatives will be interested in the estate. (C) that the other person has become incapacitated as defined in Section 1370, which means there is no evidence that the other person has been living with reasonable care, causing substantial or substantial financial loss to you, your spouse or former spouse/common law partner or your or their dependents. If there is any doubt whether a person has become incapacitated, the court may enter an order of abatement or order that the other person be placed on the official incapacitate list if you are not a resident of the county where the court found.
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