If there is no will, how is the property of the estate distributed?
Sections 6400 through 6414 of the California Probate Code
addresses intestate succession and the distributions. The
method and manner of intestate distributions is quite
complex and therefore one should specifically discuss
intestate distributions with his or her legal advisor.
What are the steps to a normal uncontested probate?
Very generally speaking they are as follows:
1. Death of the decedent.
2. The will is delivered to the executor or Court Clerk.
3. A petition is filed for the Probate of Will or Letters of
Administration.
4. A hearing is held on the petition.
5. Letters of Administration are issued by the Court.
6. Notice to creditors is given.
7. Inventory and appraisement of the estate is made by an
independent
probate appraiser.
8. File Federal estate tax return. Return states "No Tax
Due" or specifies an amount due.
9. Final accounting and petition for distribution.
10. Final decree of distribution.
11. Discharge of personal representative
While real property is "inprobate" can it be sold?
Yes. Without getting into too much detail it can be sold
either at private sale in which the executor of the estate
negotiates a transaction with a buyer or at public sale in
which the property is sold at public auction.
If there is no will, how is the property of the estate distributed?
Sections 6400 through 6414 of the California Probate Code
addresses intestate succession and the distributions. The
method and manner of intestate distributions is quite
complex and therefore one should specifically discuss
intestate distributions with his or her legal advisor.
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