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You Can Avoid Probate If You Have A Funded Revocable Living Trust. There are two general steps to using a Revocable Living Trust as the foundational document for your estate plan: (1) Establishing the Trust; and (2) Funding the Trust. An estate planning attorney can help you create your trust.
The personal representative collects all the property of the person that died, pays their bills, and then distributes any remaining property to the people with a legal right to receive the property (called heirs or beneficiaries).
A 2022 law substantially changed the TOD deed requirements in California. It is crucial to fill out and record the TOD deed form correctly. The TOD deed requires very specific language to be effective. If any requirements are missing or incorrect, your deed may be invalid or have unpredicted results.
Californias Transfer on Death deed: One option to avoid probate on your home. Homeowners often want to leave their home to children, partners, or others without forcing them to go through the probate court after the owner dies.
Disadvantages of transfer on death deeds Creditors may come after the new owner(s) of the property. Beneficiaries may get equal shares of the asset. Not available in many states. Unintentional disinheritance. Raises the risk that estate planning documents dont match.

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SacLaw Library Obtain a certified death certificate and copy of the TOD deed. Send notice to the legal heirs. Who are the legal heirs? Fill out the Affidavit of Death, including Notice to Heirs (do not sign) Sign the Affidavit in front of a notary. Record the Affidavit at the County Recorders office.
Assets Not Usually Included in California Probate Any assets for which a beneficiary has already been designated (via transfer upon death (TOD) designations or payable on death (POD) designations), which can include bank accounts, retirement accounts and insurance policies.

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