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…

In California, probate is often misunderstood, leading many families to make costly mistakes when planning estates. Probate is the court-supervised process of administering a deceased person’s estate, which includes validating a will, paying debts, and distributing assets. While this process serves a legal purpose, misconceptions about probate frequently create confusion, fear, and poor planning. Understanding…

In California, probate costs can be significant, making it one of the main reasons people seek to avoid the process through trusts and other estate planning strategies. Probate involves court supervision, attorney fees, executor compensation, and other administrative expenses, all of which reduce the estate’s value before assets are distributed to heirs. Understanding the different…

In California, the executor of a will cannot legally take everything from an estate. The executor is a fiduciary appointed by the court to carry out the wishes of the deceased as outlined in the will and in compliance with California Probate Code. This means the executor must act in the best interest of the…

In California, probate is filed in the Superior Court of the county where the deceased person lived at the time of death. The court in that county has jurisdiction over the estate, which ensures that the administration of property is handled locally. This rule applies regardless of the size of the estate, although smaller estates…