A Close Look at California Estate Laws

When a person dies, he or she leaves behind everything that they owned such as homes, money, and other forms of investment. Prior to death, the person can write a will to make clear who will inherit his or her belongings in case he passes on. He or she also chooses the person who will take responsibility to ensure that his wishes are implemented.

California just like any other state has laws that dictate how a deceased person can distribute his property to the surviving relatives in the absence of a valid will. The laws can only be used if a judge rules that there was no will left by the decedent.

Formation and estate control

When a person passes on, his or her personal and real property form an estate. The estate consists of the deceased investment, income, real estate, and other possessions. The estate becomes an entity on its own.

Prior to death, a person has a right to nominate an entity or any individual to act as an executor or fiduciary of the estate. The appointed person or entity is in charge of the estate's financial responsibilities, tax obligations, and the distribution of assets to the rightful owners as per the instructions of the decedent.

Probate laws can be complex and that's why it is important to hire an experienced lawyer if you are dealing with inheritance cases. When someone decides to hire a probate attorney in California, they should ensure the attorney is experienced and understand California probate laws.

What happens if a person dies with a will in California?

If a person dies and leaves behind a valid will, the probate process is much simpler compared to someone who dies without one. A valid will usually has someone charged with the responsibility of ensuring that the deceased's estate is distributed as to be the instructions in the will.

However, the size of the property often determines how much the court will be involved in the probate court process. For instance, California estate laws dictate that all property worth $150,000 must initiate a probate court process for the distribution of property.

The probate court process is can be simpler if the property left by the deceased is less than $150,000. The estate laws allow anyone to file for an affidavit to have the personal property transferred as long as 40 days have elapsed after the decent passed on.

You should however ensure that your affidavit is notarized and you have attached a copy of the death certificate together with proof of identity for both of you (the decedent and you). Also, ensure that all the heirs listed in the will have appended their signatures.

What if someone dies without a will?

Things can be complicated if a person dies without a valid will according to California's estate laws. In this case, the distribution of property is often left in the hands of the state through the intestate succession laws.

Depending on the relatives left behind, the property of the deceased can be distributed to their spouse, children, parents, grandparents, siblings, cousins, aunts, nephews, and nieces. It is important to note that intestate laws don't apply to only people without a will, but rather to anyone who doesn't have a valid will.

The probate court has a way of determining if a will is valid or not. Choosing an experienced probate lawyer can help a lot.

© 2023 Lawyer Herald All rights reserved. Do not reproduce without permission.
* This is a contributed article and this content does not necessarily represent the views of lawyerherald.com