In California, when a person dies without a will, their estate is distributed according to the state’s intestacy laws. These laws, found in the California Probate Code, determine who inherits based on the deceased’s closest surviving relatives. The absence of a will means that the decedent’s personal wishes are not considered, and the court follows…

In California, the personal representative plays a central role in managing a deceased person’s estate. This individual, appointed by the probate court, is responsible for ensuring that the decedent’s assets are collected, debts are paid, and property is distributed to rightful heirs or beneficiaries. Depending on whether there is a will, the personal representative may…

In California, failing to file probate after someone passes away can have serious legal and financial consequences. Probate is the process by which the court validates a will, ensures debts are paid, and oversees the distribution of assets. When probate is not filed, heirs may be unable to access property, creditors may take aggressive action,…

In California, a probate hearing is the court proceeding where a judge reviews and approves the initial steps of administering a deceased person’s estate. The hearing is generally scheduled after someone files a petition for probate, which includes presenting the will if one exists or requesting authority to manage the estate if there is no…

In California, the death of an individual does not automatically erase all debts, though some obligations end when the debtor passes away. Generally, debts are paid from the estate before heirs receive any inheritance. The role of the executor or administrator is to gather the estate’s assets, pay valid creditor claims, and then distribute what…

In California, probate applies to assets that do not have a direct method of transfer upon death. Probate is the court-supervised process of validating a will, paying debts, and distributing property. Assets that are solely owned by the decedent without a beneficiary designation or joint ownership are generally subject to probate. Understanding which assets fall…