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In probate, divvying up assets, including real estate, is a duty that falls to an executor. ... For example, in California, the law states that an executor must sell a home for at least 90 percent ...
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death.
The post How to Avoid Probate in California appeared first on SmartReads by SmartAsset. Depending on the nature of any given asset, there are ways to avoid probate. Probate is the process of ...
A probate sale is the process executed at a county court where the executor for the estate of a deceased person sells property from the estate (typically real estate) in order to divide the property among the beneficiaries. There is a personal representative of the estate who will determine if the real estate is going to be sold.
As the assets aren't considered a part of your estate, they sidestep the probate process. It also lets you continue to use assets transferred into the trust, such as property or investments you own.
In 1868, the California Legislature authorized the first of many ad hoc Code Commissions to begin the process of codifying California law. Each Code Commission was a one- or two-year temporary agency which either closed at the end of the authorized period or was reauthorized and rolled over into the next period; thus, in some years there was no ...