A California small estate affidavit lets heirs with a modest amount of property collect it with a signed statement instead of a full court case. When someone dies owning that property, heirs can often use the affidavit if two rules are met. Two rules decide whether...
Yes. Registered domestic partners in California need an estate plan. California domestic partners estate planning exists because state law gives you the right to inherit from each other, not the right to speak for each other while you are both alive. Filing a...
California executor fees are set by statute, not negotiated in probate. The rate starts at 4% of the first $100,000 of the estate accounted for and steps down as the estate grows. Under California's executor compensation statute (Probate Code section 10800), those...
When a loved one's assets go unclaimed in California, the property is typically turned over to the State Controller's Unclaimed Property Program after a period of inactivity, where it remains until the rightful owner or their heirs come forward to claim it. Finding...
In California, a minor generally cannot open a bank account on their own. Most banks require a parent or legal guardian to be listed as a joint owner or custodian until the child turns 18, since minors typically cannot enter into binding contracts, including standard...
A California small estate affidavit is a sworn statement that allows a decedent's successors, meaning the heirs or beneficiaries entitled to inherit, to collect certain personal property, such as bank accounts or vehicles, without opening a full probate case, provided...
A step-up in basis is a tax rule that adjusts the value of an inherited asset to its fair market value on the date of the original owner's death, rather than the amount that owner originally paid for it. This adjustment can substantially reduce, or even eliminate, the...
You can get an EIN for an estate or trust directly from the IRS, most often through the IRS's online EIN application, which is the fastest way to get an EIN for an estate. Most executors and trustees receive the estate EIN immediately after completing the online form...
A small estate affidavit is a legal document that allows an heir or beneficiary to collect a deceased person’s assets without opening a formal probate case. In California, this option is available when the total gross value of the decedent’s personal property does not...
When someone passes away owning real estate in more than one state, their estate does not go through probate just once. Each state where the person owned real property has jurisdiction over that property, meaning the family may be facing multiple probate proceedings...
