Moravec Varga & Mooney

When someone passes away, their estate becomes the legal entity responsible for handling everything they owned and owed. But who exactly...

When a loved one passes away, their home is often one of the most significant and emotionally valuable assets in their estate. In California, homestead protection laws can offer surviving family members a measure of security by helping them remain in the family home, even during probate or in the face of creditor claims. But what exactly does homestead protection mean in the context of probate, and who qualifies for it? This blog explains how California’s homestead exemption

California probate court handles some of life’s most sensitive legal matters—disputes over wills, trusts, and the administration of estates. But what if you believe the probate judge made a legal mistake or issued an unfair ruling? Yes, you can appeal a probate court decision in California, but it’s a complex and time-sensitive process. This post outlines when and how probate appeals work, what issues can be appealed, and what to expect if you decide to move forward. What Is

Appealing a probate court decision in California is not easy—and it’s not without risk. If you’ve filed an appeal in a trust or estate case and the appellate court rules against you, you may be wondering: What happens now? Losing a probate appeal can have serious consequences, both financial and legal. In this post, we’ll break down what it means to lose a probate appeal, what comes next, and what options may still be available. First: What Is a Probate Appeal? A probate appe

California’s Probate Code contains numerous provisions that affect how estates are administered and how creditors may or may not recover debts. One such provision, Probate Code § 733.814, governs the liability of beneficiaries and heirs for debts of the decedent—especially when estate assets have already been distributed. In this blog, we explain what is Probate Code Section 733.814 means, when it applies, and why it matters for both beneficiaries and creditors. What Does Pro

Being named the executor of a will is an honor—an expression of trust by someone who believed in your ability to manage their final...

Beginning April 1, 2025, California law makes it easier for heirs to transfer ownership of a deceased person’s real property—without going through full probate. Thanks to changes introduced under Assembly Bill 2016 (AB 2016), the Petition to Determine Succession to Real Property under Probate Code §13151 will apply to estates with significantly higher property value limits. Here’s how this updated process works and how you can use it to claim real estate without the time and

When a loved one passes away, the grieving process is often accompanied by a long list of legal and financial responsibilities—one of the most significant being the probate process. But how soon must you file probate after death? Understanding probate deadlines is crucial to protect the estate and fulfill legal obligations. What Is Probate? Probate is the legal process through which a deceased person's assets are distributed to beneficiaries and heirs, and debts are paid. The

When a loved one dies, gaining access to their financial accounts can feel overwhelming—especially if you want to avoid the time and cost of formal probate. Fortunately, some bank accounts in California can be claimed without going through probate, depending on how they’re structured and the total value of the estate. Here’s what you need to know to claim a deceased person’s bank account without probate. 1. Check If the Account Has a Payable-on-Death (POD) Beneficiary Many ba

When a loved one passes away in California, and they leave behind a bank account in their name only, you may be able to claim the funds...

When someone passes away and their estate enters probate, the court often requires the personal representative (executor or administrator) to obtain a probate bond—a type of insurance that protects heirs and creditors from potential mismanagement of estate assets. But many people wonder: Who pays for the probate bond? In California, the answer is typically the estate itself, not the personal representative. However, there are exceptions and nuances worth understanding. What I

Effective April 1, 2025, California's Assembly Bill 2016 (AB 2016) brings significant changes to the state's probate laws, particularly affecting small estates and primary residences. These adjustments aim to streamline the estate administration process for many Californians. There is no general increase to California's small estate probate threshold set for January 1, 2026. Key Changes Under AB 2016 1. Increased Threshold for Small Estate Affidavit The small estate affidavit

When someone dies in California and leaves behind property, debts, or a will, their estate may need to go through probate—a legal process that transfers assets to heirs and settles obligations. But what happens if no one files for probate? Can the estate simply go unresolved? The short answer: There can be serious consequences if no probate is filed when required. Here’s what you need to know. When Is Probate Necessary in California? Probate is generally required when: The de

After a loved one passes away, one of the first legal questions their family often asks is: "Do we need to go through probate?" In California, the answer depends on a number of factors, including the type of assets, their value, and how those assets are titled. Understanding when probate is required can help you avoid unnecessary delays, expenses, and confusion. Here’s a comprehensive overview. What Is Probate? Probate is the court-supervised legal process of: Validating a wi

When a loved one passes away in California, one of the first questions families often face is: “Where is the original will?” If all you have is a copy of the will—and the original is lost or missing—it can create major legal complications during probate. However, California law does allow for the probate of a lost or destroyed will, but the process is more complex and requires specific legal steps under California Probate Code §8200 and related statutes. In this article, we e