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Real or personal property that the person who died owned with someone else (joint tenancy) Property (community, quasi-community, or separate) that passed directly to the surviving spouse or domestic partner. Life insurance, death benefits or other assets not subject to probate that pass directly to the beneficiaries.
In California, probate is common for wills, but not all wills are required to go through probate. Some people prefer to avoid probate because it can be an extensive and costly process. There are certain situations where probate is avoidable. You have a living trust.
Step 1 Petition for Probate (Form DE-111, Judicial Council), and all attachments, Original Will (if there is one) Notice of Petition to Administer Estate (Form DE-121, Judicial Council) Duties and Liabilities of Personal Representative (Form DE-147, Judicial Council) Order for Probate (Form DE-140, Judicial Council)
If the estate doesnt have sufficient assets to cover probate fees and debts, Californias probate court follows a priority order to pay debts. Secured debts (like mortgages) are typically paid first, followed by fees and administrative expenses, including executor and attorney fees.
Yes, you can probate a will in California without a lawyer. This approach, often called pro se probate, is permitted by California law. If the estate is straightforwardsuch as having a single beneficiary or only a few, easily identifiable assetshandling probate yourself might be a feasible option.
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Notice of Petition to Administer Estate (DE-121) Also explains what a person receiving the notice should do if they do not agree with the petition. Get form DE-121.
Notice of Petition to Administer Estate (DE-121) Also explains what a person receiving the notice should do if they do not agree with the petition. Get form DE-121. Effective: January 1, 2013. View DE-121 Notice of Petition to Administer Estate form.

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