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How To Probate An Estate In California 16th Edition by Julia P Nissley, Mary Randolph ISBN 1413301495 9781413301496

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How To Probate An Estate In California 16th Edition Julia P. Nissley Digital Instant Download

Author(s): Julia P. Nissley
ISBN(s): 9781413301496, 1413301495
Edition: 16
File Details: PDF, 8.74 MB
Year: 2005
Language: english
SKU: EB-1744912 Category: Tag:

How To Probate An Estate In California 16th Edition by Julia P. Nissley, Mary Randolph – Ebook PDF Instant Download/Delivery: 1413301495, 9781413301496

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ISBN 10: 1413301495

ISBN 13: 9781413301496 

Author: Julia P. Nissley, Mary Randolph 

If you need to wrap up the affairs of a deceased family member or friend in California, you can save attorney fees by handling the probate process yourself.

How to Probate an Estate in California supplies all the instructions, explanations and support you need. You may even be able to handle the whole process by mail, without setting foot in the courthouse. Learn how to:

*read a will *determine who inherits property if there is no will *handle probate paperwork *collect life insurance and other benefits *transfer community property to a surviving spouse or domestic partner *pay bills and taxes *distribute property left through trusts

The 16th edition is completely revised to provide the latest estate tax lawsill.

List of Forms

Petition for Probate Notice of Hearing Notice of Petition to Administer Estate Proof of Subscribing Witness Proof of Holographic Instrument Order for Probate Duties and Liabilities of Personal Representative Confidential Supplement to Duties and Liabilities of Personal Representative Letters Notice of Administration to Creditors Inventory and Appraisal Inventory and Appraisal Attachment Notice of Proposed Action Allowance or Rejection of Creditor’s Claim Spousal or Domestic Partner Property Petition Spousal or Domestic Partner Property Order Ex Parte Petition for Authority to Sell Securities and Order Affidavit re Real Property of Small Value ($20,000 or Less) Petition to Determine Succession to Real Property (Estates of $100,000 or Less) Order Determining Succession to Real Property Declaration Regarding Property Passing to Decedent’s Surviving Spouse or Registered Domestic Partner Schedule of Assets Affidavit-Death of Joint Tenant Notification by Trustee Affidavit-Death of Spouse Affidavit-Death of Domestic Partner Affidavit-Death of Spouse or Domestic Partner-Survivorship Community Property Affidavit for Collection of Personal Property Deed to Real Property Probate Case Cover Sheet-Certificate of Grounds for Assignment to District (L.A. County) Application and Order Appointing Probate Referee (L.A. County) Change in Ownership Statement (Death of Real Property Owner) (L.A. County) Affidavit or Declaration for Final Discharge and Order (L.A. County)

Table of contents:

1 An Overview

A. What Is Probate?

B. What Is Involved in Settling an Estate?

C. How Long Does It Take to Settle an Estate?.

D. What This Book Covers.

E. Simple Estate Checklist.

F. Important Terms Defined.

G. Insolvent Estates.

H. Death Taxes

I. Do You Need an Attorney?..

2 First Steps in Settling an Estate

A. Who Should Act as the Estate Representative?.

B. Responsibilities of the Estate Representative

C. Specific Duties of the Estate Representative.

3 Who Are the Heirs and Beneficiaries?

A. Where to Start

B. How to Read a Will

C. Compare Schedule of Assets (in Chapter 5) With Property Left in Will

D. Who Inherits When the Will Is Ineffective?

E. If There Is No Will

F. The Concept of Right of Representation.

4 What Is the Decedent’s Estate?

A. Real Property

B. Personal Property.

C. What Establishes Ownership of Property?

D. How Was the Decedent’s Property Owned?

E. How to Determine Whether Property Is Community or Separate.

F. Actions That Change the Character of Property…….

G. Property That Is a Mixture of Community and Separate Property

H. Examples of Property Ownership

I. Property Acquired by Couples Before They Moved to California

5 Preparing a Schedule of the Assets and Debts

A. Describe Each Asset

B. Value Each Asset (Column A).

C. How to Determine Ownership of Property

D. List the Value of the Decedent’s Interest (Column D).

E. Determine Whether Property Is Probate or Non-Probate Asset (Column E)…

F. List All Debts…

G. Checklist of Property to List on Schedule of Assets

H. Schedule of Assets for a Sample Estate……

6 How to Identify the Best Transfer Procedure

A. Non-Probate Assets

B. Assets That May Be Subject to Formal Probate..

C. Examples of How Assets Are Transferred in Typical Estates

D. Sample Estates

7 What About Taxes?

A. Decedent’s Final Income Tax.

B. Fiduciary Income Tax Returns.

C. Other Income Tax Returns

D. Stepped-Up Tax Basis Rules for Inherited Property.

E. Federal Estate Tax Return…..

F. Califomia Estate Tax Return.

G. California Inheritance Tax.

H. Tax Issues for Some Typical Estates.

8 Transferring Title to Real Property

A. Ways to Transfer Real Estate After Death

B. Basic Information on Recording Documents.

C. Change in Ownership Statements.

D. How to Record Your Document Transferring Title.

E. Mortgages

9 How to Transfer Securities

A. Documents Required to Transfer Securities..

B. The Stock or Bond Power..

C. The Affidavit of Domicile.

D. The Transmittal Letter

E. How to Sell Securities.

F. The Stock Transfer Tax.

10 Joint Tenancy Property

A. Where to Start.

B. How to Clear Title to Real Property in Joint Tenancy.

C. How to Clear Title to Securities Held in Joint Tenancy.

D. How to Clear Title to Motor Vehicles and Small Boats Held in Joint Tenancy

E. How to Clear Title to Joint Tenancy Bank Accounts (and Totten Trust Accounts)

F. How to Clear Title to Money Market Funds and Mutual Funds.

G. How to Clear Title to U.S. Savings Bonds in Co-Ownership.

11 Transferring Small Estates Under $100,000

A. Overview of the Simplified Transfer Procedure for Small Estates….

B. How to Determine Whether You Can Use Summary Procedures….

C. How to Transfer the Property..

12 How to Transfer Trust Property and Property Subject to Life Estates

A. Notifying Heirs and Beneficiaries..

B. Trust Property.

C. Handling Debts and Expenses.

D. How to Transfer Property Held in Living Trusts.

E. Life Tenancy (Life Estate………..

13 An Overview of the Probate Court Process

A. Do You Really Need a Probate Court Proceeding?..

B. Probate Checklist.

C. Dealing With the Probate Court.

D. Beginning the Probate Process

E. Taking Care of the Estate During Probate.

F. Closing the Estate.

14 Conducting a Simple Probate Court Proceeding

Step 1: Prepare the Petition for Probate….

Step 2: Prepare the Certificate of Assignment.

Step 3: Prepare the Notice of Petition to Administer Estate.

Step 4: File Your Petition for Probate

Step 5: Complete the Proof of Subscribing Witness Form……..

Step 6: Complete a Proof of Holographic Instrument

Step 7: Notify the Director of Health Services..

Step 8: Prepare Your Order for Probate…

Step 9: Study and Respond to the Calendar Notes

Step 10: Prepare the Letters..

Step 11: Prepare the Duties and Liabilities of Personal Representative Form.

Step 12: Prepare the Application for Appointment of Probate Referee…..

Step 13: Prepare Notice of Proposed Action, If Necessary

Step 14: Prepare the Inventory and Appraisal Form

Step 15: Notify Creditors and Deal With Creditor’s Claims and Other Debt.

Step 16: Prepare the Petition for Final Distribution

Step 17: Prepare Notice of Hearing (Probate)..

Step 18: Prepare Order of Final Distribution.

Step 19: Transfer the Assets and Obtain Court Receipts

Step 20: Request Discharge From Your Duties…….

15 Handling Property That Passes Outright to the Surviving Spouse or Domestic Partner

A. An Overview of These Simplified Procedures.

B. Collecting Compensation Owed the Decedent.

C. Affidavit for Transferring Community Real Property.

D. Survivorship Community Property

E. The Spousal or Domestic Partner Property Petition….

F. How to Transfer the Assets to the Surviving Spouse or Partner

16 If You Need Expert Help

A. What Kind of Expert Do You Need?..

B. Using a Legal Document Assistant.

C. Using a Lawyer……..

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Tags: Julia P Nissley, Mary Randolph, Probate, Estate, California