Moravec Varga & Mooney

Introduction When someone passes away, their last will often becomes the focal point of estate planning and asset distribution. But a...

Filing for probate in California without a lawyer—a process known as pro per or self-representation—is entirely possible, though it requires careful attention to detail. By understanding the probate process and following the steps outlined below, you can successfully manage the probate of a loved one’s estate without legal representation although it will be time-consuming and filled with delays. Delays mean the estate can be tied up for years before final distribution. All

Dealing with probate can be challenging, especially when a sibling refuses to consent to the process. In California, probate is a court-supervised procedure for distributing a deceased person’s estate. While disagreements among heirs are common, the legal system provides mechanisms to move forward even without unanimous consent. Here’s what you need to know. Does Probate Require Consent? In California, probate does not require the consent of all heirs or beneficiaries. If one

Historically, there were several procedures for a surviving spouse or heirs of a Decedent to collect property of a Decedent in California. Standard Probate Proceeding Most people are familiar with the concept of a “Probate” which specifically means (1) filing a Petition to appoint a person as administrator of the Estate, (2) notifying creditors and collecting assets, and (3) filing a separate petition to approve an accounting and proposed final distribution, including fees

In California, contesting a will after probate has commenced is possible, but it requires prompt action due to strict legal deadlines. Understanding the process and adhering to these timelines are crucial for a successful challenge. Timeframe for Contesting a Will After Probate Has Started Once a will is admitted to probate in California, interested parties have 120 days from the date of admission to file a contest. This period is critical; missing this deadline can forfeit y

Starting April 1, 2025, California’s probate laws will undergo significant changes, thanks to the implementation of Assembly Bill 2016 (AB 2016). One of the key updates is the streamlined process for transferring a decedent’s personal residence valued under $750,000. This adjustment aims to simplify estate administration and reduce the burden on families managing smaller estates. In this blog post, we’ll explore how this new process works and what steps you need to take to pr

The role of an executor in a California probate case comes with significant responsibilities, one of the most important being the distribution of assets to beneficiaries. If you’re a beneficiary or an executor, understanding the timeline for this process is crucial. Here, we’ll explore how long a California executor has to pay beneficiaries and the steps involved in ensuring a timely distribution. What Does an Executor Do? An executor is appointed to manage the estate of a de

Effective April 1, 2025, California will implement significant changes to its probate process , particularly benefiting estates with primary residences valued up to $750,000. Assembly Bill 2016 (AB 2016) introduces amendments to the Probate Code, streamlining the transfer of such properties and reducing the necessity for formal probate proceedings. Current Probate Thresholds Under existing law, simplified probate procedures are available for estates where the total value of r

Effective April 1, 2025, California will implement significant changes to its probate process, particularly benefiting estates with real property valued below $750,000. These amendments aim to simplify the transfer of such properties, reducing the need for formal probate proceedings. Current Probate Thresholds As of now, California allows a simplified probate process for estates where the total value of real and personal property does not exceed $184,500. This threshold appli