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The Spousal Property Petition should be used when a decedents surviving spouse is named as beneficiary to any property. This is common when it comes to married couples. However, the probate process may still be required when there are other beneficiaries in question, such as children and other close family members. What is a Spousal Property Petition? - Trust Will Trust Will learn spousal-property-peti Trust Will learn spousal-property-peti
A Heggstad petition, named after a California probate case concerning the Heggstad estate, transfers property into a trust after the person passes away. ing to California state law, you may be able to file such a petition if the decedent intended to transfer the property, but failed to do so before death. What is a Heggstad Petition? California Probate Lawyer Explains triaylaw.com probate-litigation heggstad triaylaw.com probate-litigation heggstad
Any assets that do not qualify for a simple transfer process will likely have to go through formal probate. And, if the dead persons property is worth more than $166,250, none of the exceptions apply. You must go to court and start a probate case.
By filing a spousal property petition, the surviving spouse may request that the court make an order under Probate Code 13500 determining property passing from the deceased spouse to the surviving spouse, and may also request an order under Probate Code 100 and 101 confirming the surviving spouses interest in
California law says the personal representative must complete probate within one year from the date of appointment, unless s/he files a federal estate tax. In this case, the personal representative can have 18 months to complete probate.

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California law says the personal representative must complete probate within one year from the date of appointment, unless s/he files a federal estate tax. In this case, the personal representative can have 18 months to complete probate. About Probate - How to Probate a Decedents Estate scscourt.org selfhelp probate property scscourt.org selfhelp probate property
If you dont have a will when you pass away, the court will distribute your property ing to the rules of intestate succession in California. Your assets will go to your closest relatives, as defined by California law, regardless of what your relationship with them was like or what you would have wanted. What Happens If You Die Without a Will in California? aldavlaw.com probate-litigation-attorneys aldavlaw.com probate-litigation-attorneys
To establish heir status in California, you may file an affidavit of heirship in the Superior Court of the county where your deceased family members property is located. California family code states that the petition must include the heirs basic information including a description of the property you are claiming,

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