California Probate Law explains what happens in a Probate with a Will, Probate without a Will, and the steps needed to complete a California Probate Process The Law Offices of Vincent W. Davis & Associates provides legal advice and representation for residents and business clients in communities throughout the Inland Empire, San Gabriel Valley, West Los Angeles and East Los Angeles, California. Executor: The Executor is the person who the deceased person named in their Will to carry out the wishes outlined in the Will. Blocked Accounts: The creation of a bank or other account by court order; a court order is required to withdraw and deposit funds. Residue: The remaining portion of a decedent’s estate after the payments of debts and legacies. Grantor: An individual or corporation who transfers (grants) property to another person. In California, the term "heir" is defined in the state's probate code. The Petition represents a formal, written request to the court for a specific action or order. Section 28. How Long Does Probate Take In California? The Executor is also known as the Personal Representative (PR) of the decedent’s Estate. (a) The degree of kinship or consanguinity between two persons is determined by the View Previous Versions of the California Code. Heir: An Heir is a person who inherits property via a Will or who inherits property from a person who died without a Will. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] DIVISION 4. Probate Timeline: The average period of time it takes to complete the Probate Process. GENERAL PROVISIONS 100-890 PART 1. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 2011 California Code Probate Code DIVISION 6. Estate: An Estate is comprised of a person’s total assets or possessions. 2020 California Rules of Court Rule 10.478. Domicile: A permanent place of residence. The definitions within this document are not comprehensive and are not intended to serve as a substitute for independent research of the law. California, like other states, has laws that explain who may receive an inheritance when a person dies without a last will and testament. Section 26. Testate: When someone dies leaving a Will. Conservator: The court appoints a person or organization to manage and protect the financial and/or personal care of a conservatee. Will: A Will, also known as a Last Will and Testament, is a written legal document that dictates the disposition of the decedent’s assets after death. California may have more current or accurate information. Successor Fiduciary: The next person, or organization appointed if a person or organization named or appointed as Fiduciary cannot act due to resignation, removal or death. Letters Testamentary: An Executor of a Will is granted “Letters Testamentary” by the judge as part of the Probate Process. CALIFORNIA PROBATE CODE Sections 4600-4678, 4695-4698, and 4735-4736 Section 4600. Unless the provision or context clearly requires otherwise, these definitions and rules of construction govern the construction of this chapter. Kathleen is the sole decision-maker for Need Probate Help. 79.) The Estate assets are managed by the Fiduciary and subject to court order. In those cases, the person who the Court appoints to handle the estate is called an administrator. What is Probate & Process in Santa Clara County? Tenancy in Common: A form of holding title to the real or personal property by two or more persons with no right of survivorship. As an Independent Broker, Kathleen has no loyalty to a brokerage. It is not uncommon that we never meet face to face. PRELIMINARY PROVISIONS AND DEFINITIONS 1-88 PART 1. Real property: Buildings and land. This includes personal possessions such as automobiles, clothing, jewelry, as well as cash, securities, and real property. Testamentary Trust: A trust created by a Will that does not go into effect until the person who makes the trust dies. Intestate: When someone dies without a Will, they have died intestate. If the decedent has not made a will, his or her affairs will still be settled through the Probate Court. CALIFORNIA PROBATE CODE TABLE OF CONTENTS PROBATE CODE DIVISION 1. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part. Multiple search options include: - Section No - Section Heading/Definitions - Header ⢠Complete offline access. Limited Conservatorship: Generally, for developmentally disabled adults. Ancillary Administration: The administration of property owned by a decedent located in a state other than the domicile of the decedent. PRELIMINARY PROVISIONS AND DEFINITIONS PART 1. Words often take on different meanings depending on the context used. A guardian is appointed by the probate court. If you need help finding a probate attorney, we can help. The person or organization is authorized as trustee via a trust. Code Search Text Search Up^ Back To TOC DIVISION 1. Unless the provision or context otherwise requires, the definitions in this article govern the ⦠There is a distinction between Real Property and Personal Property. Petition: A Petition is a legal document filed with the court. California Probate Code app provides laws and codes in the palm of your hands. This court appointed representative administers the Estate of the decedent who died with a Will, under the Independent Administration of Estates Act (IAEA). Glossary of Probate Terms Administrator : A person appointed by the Probate Court to administer the Estate of a person who died intestate, or without a Will. Section 22. Just like real estate agents, all attorneys are not created equal. seq. Probate: The process of deciding where, how, and to whom to distribute the decedentâs property. The Uniform Probate Code was created in an effort to simplify the process of probating estates and to standardize laws regarding wills, trusts and intestacy. PRELIMINARY PROVISIONS ..... 1-13 PART 2. Guardian: A person who manages and protects the financial and/or personal care of a minor, or ward. 1990, Ch. PROBATE CODE DIVISION 1. Administrator: A person appointed by the Probate Court to administer the Estate of a person who died intestate, or without a Will. You want to work with a probate agent and attorney and know your needs are being met. Federal Estate Taxes: Death taxes imposed by the federal government on the transfer of assets following one’s death. PRELIMINARY PROVISIONS 1-13 PART 2. California Probate Code CHAPTER 1 - Short Title and Definitions Section 1400. California Probate Code Sec. § 6205 âDescendantsâ mean children, grandchildren, and their lineal descendants of all generations, with the relationship of parent and child at each generation being determined as provided in Section 21115. PROBATE CODE. Terms Used In California Codes > Probate Code > Division 4 > Part 1 Account: when used to mean a contract of deposit of funds between a depositor and a financial institution, includes a checking account, savings account, certificate of deposit, share account, mutual capital certificate, and other like arrangements. Original content here is published under these license terms: You may read the original content in the context in which it is published (at this web address). Trustor: A person who establishes a trust. She has managed a successful real estate business since January 2003. Revocable Trust: A trust that may be revoked by the person who makes the trust. No need of Internet Connection or any Printed books. Definitions And Rules Of Construction PROBATE CODE SECTION 6200-6211 6200. Identity Of Heirs PROBATE CODE SECTION 248-249.8 248. Terms Used In California Probate Code 44 Decedent: A deceased person. Her core belief and business religion is that every client deserves to be treated with 100% honesty and transparency. If you need help with probate real estate contact Kathleen Daniels, Independent Broker-Owner of KD Realty in San Jose. The probate terms listed in this glossary are designed to provide a general understanding of terms used in probate. We offer full service and manage all the details and meet your specific needs pertaining to the sale of the estate, conservatorship or trust’s real property. Irrevocable Trust: The grantor expressly releases the power to revoke the trust. Joint Tenancy: Property owned jointly by two or more persons. Testate: When someone dies with a valid Will, they have died testate. Bi-Polar disorder and schizophrenia are examples of such mental illnesses. Intestate Succession: The order in which people inherit assets from people who died intestate, or without a Will. Inter Vivos Trust: A trust that allows for the distribution of property or money to another person or organization during the lifetime of a person. 2009 California Probate Code - Section 248-249.8 :: Chapter 3. Conservatee: A person whom the court determines to be unable to manage their own personal and/or financial affairs. The executor files the will with the Court and files a petition for probate of the will and for appointment as the executor. You may make other uses of the content only with the written permission of the author on payment of a fee. The term personal representativ⦠DIVISION 1. California Laws | Probate Code DIVISION 1. A Personal Representative may be an Executor or Administrator, appointed by the Probate Court. This division may be cited as the Health Care Decisions Law. Expand sections by using the arrow icons. Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court. Beneficiary: A Beneficiary may be an individual person or organization to whom a gift is made via a Will and who inherits the gifted property. This is in the context of a guardianship. Community Property: In California, any property acquired by a husband and wife during a valid marriage. NONPROBATE TRANSFERS 5000-5705 PART 1. Copyright secured by Digiprove © 2017-2018 Kathleen Daniels, San Jose & Santa Clara County Probate & Trust Real Estate Specialists, Kathleen Daniels, Real Estate Broker Realtor®, Need Probate Help - Probate Real Estate Services, San Jose & Santa Clara County, California, Professional Fiduciary Management for Trustees. seq. California Probate Code PART 2 - DEFINITIONS Section 20. Section 29. Codicil: A Codicil is a written supplement, or amendment, to an existing Will. The property may be personal property, real property, or both. Section 4603. PRELIMINARY PROVISIONS AND DEFINITIONS PART 1. PRELIMINARY PROVISIONS AND DEFINITIONS 1-88 PART 1. Holographic Will: A Holographic Will is a handwritten Will that is written, dated and signed by the person who wrote the Will. Life Estate: An interest in property that lasts only for the life of the owner, or holder. Devisee: A person named in a Will to receive a gift of Real Property from the Decedent. 2009 California Probate Code - Section 20-88 :: Part 2. Features are: ⢠Provides full text search with accurate results. Declaration: A written statement made under penalty of perjury. A Will is filed with the Probate Court after a person dies as part of the Probate Process. Probate: Probate is a court-supervised (legal) process to administer an estate. PRELIMINARY PROVISIONS AND DEFINITIONS [1 - 88] DIVISION 2. Trusts: Property handed over to a person and held for the benefit of another person. Disclaimer: These codes may not be the most recent version. Pretermitted Heir: A person who would normally be a beneficiary but is not mentioned in the Will. Certified Probate Real Estate Specialist: A licensed real estate agent or broker with specialized training and certified in probate real estate. Short Title and Definitions 16320-16328 ARTICLE 2. ⦠Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. For more precise definitions you should consult with a probate attorney and/or refer to California Probate Code § 20, et. 2019 California Code Probate Code - PROB DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS PART 2 - DEFINITIONS Section 20. Terms Used In California Codes > Probate Code > Division 4.5 > Part 1 Appraisal: A determination of property value. The person who died is called the decedent. are met. Kathleen is a Certified Probate Real Specialist and certified in Professional Fiduciary Management for Trustees. Probate Attorney: An attorney with specialized knowledge, and experience, with probate matters. Conservatorship: There are different types of conservatorship. Uniform Principal and Income Act 16320-16375 ARTICLE 1. Small Estates: An estate of a decedent may avoid probate and personal property may be transferred directly to an heir if the requirements of California Probate Code §13100 et seq. Life Tenant: A tenant who may retain possession of the property as long as they are alive. California Probate Code Sec. Kathleen Daniels is a licensed California Real Estate Broker certified in probate and trust sales. DEFINITIONS 20-88 DIVISION 2. Please check official sources. For example, the Petition for Probate. California Probate Code Sec. Definitions PROBATE CODE SECTION 20-88 20. Section 21. This is FindLaw's hosted version of California Code, Probate Code. A probate conservatorship could be for the person or the estate. Residuary Beneficiary: A person who receives all or part of the Residue. Content-based and hours-based education for court investigators, probate attorneys, and probate examiners (a) Definitions As used in this rule, the following terms have the PRELIMINARY PROVISIONS (1-13) 13. Probate Code and comparisons with the Uniform Probate Code, 2 including an analysis by the State Bar of California 3 and a response by the Joint Editorial Board for the Uniform Probate Code. California Probate Code ARTICLE 1 - Definitions and Rules of Construction Section 6200. Testator: Testator is a person who makes a Will. Unless the provision or context otherwise requires, the definitions in ⦠Independent Administration of Estates Act (IAEA): The IAEA allows the Personal Representative to administer most aspects of a decedent’s Estate without court supervision. GENERAL PROVISIONS [100 - 890] DIVISION 3. Independent Administration of Estates Act, How Does an Executor Sell a House [Process, Duties, Time-frame], Screening Buyers – Why Sellers Want Buyers With Underwriter’s Approval [Video], Submitting Offers on Probate Homes for Sale, Selling a Probate Home | What Executors Need to Know, The Power of Underwriting Approvals [Video], Relative Living in Inherited House [Video], Is A Trial Necessary For An Eviction? Property: Anything that can be owned is referred to as Property. Unless the provision or context otherwise requires, the featuring summaries of federal and state If the decedent signed a will, the person who is designated in the will to handle the decedent's estate is called an executor. It also ⦠Subscribe to Justia's Many of our clients live outside of the County of Santa Clara and the State of California. Legatee: A person named in a Will to receive a gift of Personal Property from the Decedent. Decedent: The deceased, or person who passed away. Administrator with Will Annexed: This person is appointed by the Probate Court but is not the person who was named in the Will to act as the Executor. Section 1401. 2951 The definitions contained in this section shall govern the construction of this chapter, unless the context requires otherwise. Definitions & General Transitional Provisions Section 4665 California Probate Code Sec. A trustee is also a Fiduciary. Probate Process: The steps taken to distribute an estate under the supervision of the Probate Court. Code Search Text Search Up^ Back To TOC CHAPTER 3. Escheat: When a person who dies without a Will and has no surviving heirs, the property reverts, or escheats to the state. Letters of Administration: Letters of Administration are granted by the judge, to the administrator of an Estate, as part of the Probate Process. [Video], What is the Process for a Sheriff Eviction in California [Video], Create a California Conservatorship [Video], Difficulties of a Conservatorship [Video], California Trust Administration Checklist, Modifying an Irrevocable Trust – Ca Probate Code 15404 [Video], Trusts Avoid Probate in California [Video]. Disclaimer: An irrevocable refusal by an individual to accept ownership of the property after an individual’s death. Heirs are people who are entitled to inherit a deceased person's property. Intestate: Dying without leaving a will. WILLS AND INTESTATE SUCCESSION 6100-6806 PART 1. PROVISIONS RELATING TO EFFECT OF DEATH 5000-5048 CHAPTER 1. Probate is stressful. Section 23. Unless the provision or context otherwise requires, the definitions in this part govern the construction of this code⦠WILLS AND INTESTATE SUCCESSION [6100 - 6806] DIVISION 6. court opinions. (Enacted by Stats. LPS Conservatorship: For adults with mental illnesses that are listed in the DSM or Diagnostic and Statistical Manual of Mental Disorders. Minor: A person under 18 years of age under the care of a court-appointed guardian. California Probate Code ARTICLE 2 - Definitions Section 5120. We work with many of the top probate attorneys in Silicon Valley. under the Probate Code. 408-972-1822. California Probate Code CHAPTER 1 - Definitions Section 13000. Code Search Text Search Up^ Back To TOC DIVISION 5. However, the Uniform Probate Code covers more than just wills and intestate succession. Disclaimer: The intent of this glossary is to provide the layperson with a general understanding of terms commonly used in Probate Law. Fiduciary: A person or an organization that has a legal responsibility that involves a high standard of care to manage the property for a person. CALIFORNIA PROBATE CODE TABLE OF CONTENTS PROBATE CODE DIVISION 1. Real Property: Real Property is generally property that is not personal and immovable. Trust: When one person (trustee) holds property at another personâs (settlorâs) request ⦠GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] Free Newsletters She owns the independent power to do things for her clients she got prevented from doing when affiliated with a big box brokerage. We understand the rules of engagement with the Probate Court and collaborate with the probate attorneys to ensure a smooth transaction. For more precise definitions you should consult with a probate attorney and/or refer to California Probate Code 20, et. Trustee: A person who holds and manages the property for the benefit of a beneficiary. (Repealed and added by Stats. Clients know Kathleen to speak from her heart and act from her head. Ex Parte: A judicial proceeding which is granted without notice. PRELIMINARY PROVISIONS 1-13 PART 2. WILLS 6100-6390 CHAPTER 1. Probate Court: The court that handles Probate matters, such as Wills, Trusts, Guardianships, and Conservatorships. PRELIMINARY PROVISIONS AND DEFINITIONS PART 1. This is distinguished from a trust that transfers money or property after death. Personal Representative: A Personal Representative, often referred to as a “PR” is the person who manages the distribution of the assets of an Estate. Use this page to navigate to all sections within Probate Code. Section 24. The property is held in trust. 2010 California Code Probate Code Article 1. § 50 âIssueâ of a person means all his or her lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent. Probate Administration: The legal process in which the probate court supervises the collection of a decedent’s debts and taxes and orders property distributed in accordance with a Will. 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