When someone dies, their estate (or some part of it) may have to go through probate before their assets can ultimately be distributed to their heirs and/or beneficiaries. Probate generally occurs in the state where they were domiciled. However, things can get a little...
Probate and Estate Administration
Can ADR Prevent a Property Partition Lawsuit?
When family members inherit a home together, disagreements over selling or keeping the asset often arise. As more Californians inherit real estate during the administration of a loved one’s estate, co-owners may reach a stalemate. When communication about what to do...
Can a deed keep a house out of probate court?
The probate courts oversee the administration of estates. They help ensure that a personal representative follows the will of the deceased party in many cases. Other times, they may need to follow the instructions for property distribution included in intestate...
Why you may need a professional estate administrator
You may have previously been asked to be an executor of a friend’s or relative’s estate. Alternatively, a court may have appointed you as administrator of a decedent’s estate. Either way, the two jobs carry a lot of responsibility that not everyone is able to...
Why get help administering an estate?
You might feel proud that someone chose you to be the executor of their estate for them. It indicates they have a high level of trust in you as a person and in your ability to accomplish the job. However, it is easy to read this the wrong way. Some executors feel that...
What to do if you are both an executor and a beneficiary
Serving as both the executor and a beneficiary of an estate is common, especially in families where one person is deeply trusted to handle the details. While the law allows it, this dual role can create tension among heirs and open the door to misunderstandings. The...
How to handle a will contest as an executor
As an executor (also known as a personal representative), you probably pictured a pretty straightforward probate. You’d gather assets, pay off debts and then distribute what’s left according to the will’s instructions. Unfortunately, things don’t always unfold so...
Communicating with creditors during estate administration
Personal representatives administering estates generally need to be competent multitaskers. They need to manage multiple challenging issues at once. They may need to occasionally attend hearings in court. They have to secure and properly manage estate resources. They...
Why be cautious on social media when administering an estate?
Administering an estate entails legal responsibilities that require careful attention to detail. While social media is a common way to share life updates, posting about estate matters can lead to legal and personal complications that are best avoided. Ultimately,...
When and who can initiate probate in California?
Life's journey has many chapters, and sadly, the final one is inevitable for everyone. Losing a family member is never easy, and the days following their passing can be overwhelming. It's natural to hope that everything will settle itself out, but some matters,...
