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When you agree to be the executor of a will, there are plenty of responsibilities you must take on. (See our 6-Step Process for Probate for more). Here, we break down the three key responsibilities of an executor when managing the probate of an estate. First, Collect the Assets. Collecting assets seems straightforward, but there is a lot to consider. Questions to ask when beginning the process: Does the decedent have real estate? Where are those documents kept? What bank accounts does the decedent have? Is the information readily available? Did the decedent invest in anything? What do those contracts entail? How much personal property does the decedent own? How will this all be distributed? Are the assets a part of joint tenancy or in a trust? (These items are not subject to probate.) As assets are collected, keep a comprehensive budget, ledger, and/or catalogue of everything. This includes all banking information, real estate deeds, bills, phone numbers, emails, and other real property. Stocks, titles, vehicles, and other legal documents must also be transferred into the name of the executor. During this process, a court-appointed probate referee will valuate all non-cash items with fair-market value. Then, Pay Off Debts. Once collected and catalogued, the executor must enumerate and pay all debts before anything can be distributed. This may include credit cards, loans, utilities, and other liabilities. Creditors may also make claims against the estate, usually within four months of appointment unless they were not aware of the death. Make sure to identify assets that are protected from creditors and be prepared for possible lawsuits should you reject a claim. Most debts, including funeral costs, are usually paid for by the estate. It’s sometimes necessary to sell assets to cover these debts, though insurance policies may cover certain debts as well. If assets do need to be sold, beneficiaries must be notified at least fifteen days before the sale and a court may get involved if there is a dispute or objection. Some assets, such as student loans or Medicaid benefits, may be transferred or forgiven depending on the lender, while others, such as stocks, bonds, or real estate, must get court approval before selling. Finally, Handle All Necessary Taxes. They say the only two guarantees in life are death and taxes. Unfortunately, the decedent isn’t immune to taxes after death. There are several federal and state taxes, estate taxes, sales taxes, gift taxes, pre-death income taxes, and fiduciary taxes that must be paid out of the estate before assets may be distributed to beneficiaries. Remember, laws and taxes change constantly so it might be better to reach out to a tax accountant to make sure all paperwork is filed correctly and laws are being adhered to. Insolvency If there are not enough assets to cover all debts, the executor must declare the estate insolvent by petitioning the court. If they fail to do so, the executor may be held personally liable for any taxes or debts that may still be owed.

As part of our primer for probate in California, the first step for initialing probate is to file your probate petition. Filling out Form DE-111 is the first step to take in California to appoint a personal representative or executor. Let’s breakdown the initial information requests at the top of the form. The Executor and the Estate The contact information (if not completed by an attorney) will be that of the representative or executor. If not represented by an attorney, write “pro se” or “self-represented” where it says, “Attorney for.” Then, add all pertinent information, including the county, for the superior court for which the form will eventually be filed. The county listed should be where the decedent lived at the time of death, or in the case of someone who lived outside of California, where they owned property. If you are not sure which court to file, check the superior court’s website for a list of probate courts. Just below this information will be where you list the decedent’s full legal name, along with any possible aliases or name variants. What type of probate you’re petitioning for There are up to four options to choose from when deciding what type of probate you will be petitioning for. If there’s a will in place, you will select either a “Probate of Will and for Letters Testamentary” (for wills in which you are named as an executor) or “Probate of Will and for Letters of Administration with Will Annexed” (if you are not named as executor of the will). If you know there is a will, but it has been lost, mark the appropriate box. If there is no will, leave these unchecked. Whether or not there is a will, there are other options to consider: Letters of Special Administrator: If you need the court to appoint a representative because of exigent circumstances (in other words, in 24-48 hours instead of the general 4 to 6 weeks it would normally take to appoint an executor), you will select this option. Possible reasons you may need to speed up the process would be because of an impending foreclosure or to protect specific assets. Authorization to Administer Under the Independent Administration of Estates Act: If for some reason, you, as the executor, need to take specific actions without court approval, you will select this option. Be careful, though, as the will may prohibit this action. With Limited Authority: If you are not planning to sell or deal with real property, mark this box. The rest of this form is relatively self-explanatory, requesting details regarding all aspects of the decedent and the will itself. Answer fully and honestly to all questions. If you need assistance, or aren’t sure about how to answer a question, contact King Law Firm Attorneys at Law, Inc. for a consultation. You may also learn more about the entire probate process by downloading our probate timeline checklist.

Screenshot A lot of things can happen when an executor or administrator of an estate begins the process of asset distribution—asset mismanagement, distribution delays, and lack of communication among them. As a beneficiary of a trust or an estate, you are entitled to certain rights. Knowing these beneficiary rights will help set appropriate boundaries and expectations, ensuring proper administration of the estate. Beneficiary Rights to Notification When a will is in place, you have a right to be notified when the will has been entered into probate, as well as the right to know who has been appointed to manage the estate. Beneficiary Rights to Information As a beneficiary, you have the right to always know what is happening with the estate. This means you have a right to receive copies of the will or trust, ask about your inheritance (and whether assets must be sold to pay off debts), and request periodic statements of account (including detailed reports on assets, liabilities, income, expenses, and requests for compensation). Beneficiary Rights to Timely Distribution & Fair Treatment Executors or administrators have a fiduciary duty to act in the best interest of the beneficiaries. Unless a will or trust says otherwise (and taking the complexity of the estate into consideration), completing probate or distribution of assets should not take years upon years, nor should it exhibit preferential treatment. As a beneficiary, you have the right to expect fair and unbiased asset distribution within a reasonable amount of time. In most states, this means up to twelve months. Beneficiary Rights to Contest a Will After a will has been entered into probate, you have the right to contest the will if you feel it was drafted through undue influence or fraud, especially if it was improperly witnessed or the designated signee lacked the mental capacity to know what they were signing. In most states, you have up to 120 days to contest the will once you are informed of probate. Beneficiary Rights to Hold Trustees Accountable and Remove an Executor At any point in time, if you feel an executor or administrator is mishandling the estate, you have a right to petition the court for a remedy, which may include suing the executor or administrator and asking for removal. Be careful, though, because the court will only remove an executor or administrator if you have a valid reason to believe they are managing the estate in bad faith. This may include stealing, selling property below market value, failing to keep records, or other acts of misconduct. Other valid reasons may include a lack of mental or physical capacity or conviction of a crime. What the court won’t do is remove an executer simply because you didn’t like a decision they made. For more information on your rights as a beneficiary and for real-life case studies, download Your Guide to Beneficiary Rights.

When you hear the term probate, the first thing that comes to mind is the process of distribution of assets after someone’s death. However, the Riverside Probate Code covers much more than the administration of wills and trusts. From conservatorships and child support to foreclosures and health care, if you are unfamiliar with the ever-evolving changes, it could cost you more than just time or money. The Ever-Evolving Probate Code If you choose to handle probate issues on your own, be aware that since 2024, there have been several significant changes to the Riverside Superior Court Probate Code. These include rule updates for trust termination, child support, and debtor examinations, changes to procedures, forms and terminology, and an expansion in electronic filing will soon open the door to a more streamlined probate process. Let’s take a closer look at a few of the more essential updates to the probate code. ( This is not an exhaustive list; to stay fully informed and compliant, please do your own research or talk to a qualified probate attorney.) Form Changes SB 1106 extends the amount of time you have to notify parties of a move to 20 days prior and emphasizes electronic delivery as the court’s preference for all notices. Within AB 2016, a new Judicial Council form (JCC form) further clarifies the modification and scope of a new dollar limit for the administration of property succession. Foreclosure sale prices must now be at least 67% of fair market value, and sale delays have been enhanced. The Level of Care Declaration, which emphasizes patient privacy in medical information, has been replaced with the Confidential Care Plan form (GC 355). This form must be filed within 120 days of appointment and 10 days before your termination hearing. Non-compliance will result in a $500 penalty and/or removal from the case. Conservatorship Changes A shift to person-oriented language, such as using “a person with a mental health condition” instead of “mentally ill person,” allows for less stigmatizing terminology and emphasizes respect and dignity for those with mental health issues. To help protect an individual’s privacy and digital legacy, conservators can only access a digital asset catalog of a decedent’s assets, while an agent needs explicit power-of-attorney authorization ( SB 1458). And the process for initiating conservatorship proceedings for those experiencing a mental health crisis have also been significantly changed. Death Notice Changes To keep all involved parties informed, you must now include the deceased’s funeral, burial, and/or memorial location to the death notice. Child Support Protecting the financial resources of children with disabilities is the focus of AB 2397, which expands the court’s authority to place child support payments into a special needs trust. Court Orders and Closures The Temecula Superior Court has been closed (as of December 23, 2024) and relocated to the Southwest Justice Center. And finally, to provide efficiency and access to legal documentation, certified copies of court orders must now be completed within 3 days of the hearing date.

On paper, becoming an executor or administrator of someone’s estate means you’ve been entrusted to take on an enormous responsibility. Some may consider it an honor… but before you accept this relatively unenviable task, it’s best to understand the key factors of what the job itself entails. Key Factor #1 - Understanding the Difference Between Executor and Administrator The executor and administrator basically have the same role to play—assess, safeguard, and distribute the decedent’s assets. The main difference: an executor is named in the will and must adhere to the wishes set forth in the will while an administrator is appointed by the court in the absence of a will or when there is no executor named. ( From here on out, both the executor and administrator will be referred to as an executor.) Key Factor #2 – Understanding the Workload Whether the estate is big or small, the executor is responsible for safeguarding and distributing assets, notifying creditors and other interested parties, paying debts and taxes, filing court documents, keeping accurate records, and defending the estate against legal claims and beneficiary disputes. And that’s just the tip of the iceberg. Handling these responsibilities is time-consuming as well. A simple estate with absolutely no conflicts may take up to a year to resolve while more complicated or larger estates take two or more years. If there’s any consolation, the executor can be compensated based on either an amount designated in the will or by the state in accordance with applicable laws. Key Factor #3 – Understanding The Challenges The executor will face a slew of challenges while administering the decedent’s wishes. This includes navigating complex legal issues, tackling disputes with creditors, refereeing conflicts among family members, locating missing assets (or heirs), and keeping heirs from stealing heirlooms prior to beginning probate. Key Factor #4 – Understanding the Emotional Toll With the heavy workload and slew of challenges inherit in probate, this process can easily become emotionally taxing. Prioritizing self-care and setting realistic expectations are a must so you can properly grieve. Key Factor #5 – Understanding Limitations/The Fiduciary Duty Executors are limited by their fiduciary duty to the estate in what they can and cannot do. First and foremost, executors are obligated to act in the best interest of the estate and defend its intent in all disputes. Once appointed, executors also become liable for any misappropriation of assets or blatant misconduct. In a nutshell, the executor’s fiduciary responsibility keeps them from: ignoring provisions of the will. selling property for less than fair market value. prioritizing their own interest over that of the estate. paying themselves more than the allocated/lawful amount. using estate funds for personal gain. And, as with any law, ignorance does not excuse the executor from a breach of these duties. Remember, even if named as executor in the will, you may request to be “passed over” before probate is granted. For more information and to help you through the complicated process of probate, check out our Complete Executor Duties Checklist.

Grieving a loved one is painful. Unfortunately, the state doesn’t care—they still expect you to complete the daunting probate process within a year of your loved one’s death. But where to start? 1. File the Probate Petition The first step is to file a request to begin probate with the court. Fill out form DE-111, which includes nine main sections disclosing the petitioner and decedent’s information, who the heirs and beneficiaries are, and whether the decedent was survived by a spouse. Additional paperwork to attach to the petition include a certified copy of the death certificate and the original copy of the will, if possible. Check with your county registrar to see if you can e-file your petition or must file with the superior court in person. 2. Notify Heirs and Creditors It is the job of the executor (or representative if petitioning intestate) to inform all beneficiaries and creditors once the petition is filed. This is a crucial step; any missed notifications may delay the court’s approval. All notices to beneficiaries must include the date, time, and location of the hearing, as well as a receipt of delivery. If there is no will, the appointed representative must locate any beneficiaries or find out what happens to the decedent’s estate in the absence of heirs. The executor must then publish notice of the probate filing in a newspaper to make sure all interested parties are informed. A proof of publication must also be filed with the court. 3. Manage the Estate Collecting Assets The executor must document and collect all assets. A court-appointed “California Probate Referee” will also be assigned to value all assets appropriately. Paying Debts Any outstanding loans, funeral payments, utilities, and other liabilities must be paid. Some debts may be deferred or canceled, such as mortgage debts, Medicaid benefits, or student loans, while others may be protected from creditors or covered by insurance. Handling Taxes All applicable federal and state taxes (income and estate) must be paid. If the estate doesn’t have enough assets to pay for these debts, a declaration of insolvency must be made. Remember, if the estate isn’t managed correctly, or debts are mishandled, the executor may be held personally liable. 4. File Reports It is required, in conjunction with step three, to periodically submit reports detailing all activities and progress. 5. Final Distribution Once all assets have been collected, all debts and taxes paid, and all disputes resolved, it’s time to distribute the remaining assets. The executor will file a petition for final distribution to the court, which will include the final accounting report and proposed judgement of final distribution. Once approved, the executor will distribute the assets and submit receipts signed by the beneficiaries. 6. Closure Upon the conclusion of final distribution, the executor will file a petition for final discharge, releasing them of any personal liabilities related to the estate and closing the case. For assistance in completing your probate, check out our Probate Timeline Checklist and/or call for a consultation.

Probate is oftentimes a long, costly process, especially when bequeathing a house. The best way to avoid your home being placed in probate is to setup a living trust. However, some believe the best way to transfer a home to their child without probate is to add them to the title of their home. The problem is the drawbacks far outweigh the benefits. What are the benefits of adding your child to your home’s title? Since transferring a home by adding a child to the title gives the child co-ownership, the  main benefit, as mentioned before, is to reduce probate costs due to automatic inheritance. Is this temporary, upfront relief enough to negate the disadvantages of adding a child to the title of your home? Taxes and costs When adding your child to the title of your home, they are only inheriting half of the current value and half of the original purchase price (also known as the basis) of the home. This means that when the child sells the home, they will need to pay capital gains tax on the difference between the basis and the sale price. And because this action is considered a gift in the eyes of the IRS, you will need to file a gift tax return. To avoid these tax burdens, you can do one of two things: add your child to the title of your home through a bare trust and gift of survivorship. However, due to several government reporting requirements, this can also become extremely costly. File a parent/child exclusion form and homeowner’s exemption. Legal Rights Another disadvantage comes in the form of your legal right to the home. By adding your child to the title any sale or change will need their approval. Creditors Do your due diligence when it comes to your child’s debt before adding them to the title of your home. If you don’t you could be opening the door to a creditor’s ability to place a lien on the property, acquire your child’s portion of the asset, foreclose on the home, and force you to sell. Litigation What if you have more than one child? Adding just one child to the title may lead to arguments, resentment, and long, drawn-out estate litigation. What’s the best alternative to adding your child to the title of your home? A more effective pathway to transfer property is to put it into a living trust. Not only will the majority of disadvantages vanish, but this allows for a step-up in basis, which means the child will now inherit the home at its current value, and upon sale, will owe little to no capital gains taxes. We all want to give our children the best future possible, so before making any big decisions, make sure to consult a trustworthy estate planning or probate attorney to setup the best path for your child’s future.

Most of us have strong opinions when it comes to timeshares. Many see plenty of benefits in becoming a partial owner in a vacation property they can use without the headaches that come with owning his or her own property. However, others only see timeshares as a waste of money. So, what happens during divorce or probate when a timeshare is involved? Is it an asset or a liability? Timeshares and Divorce Once a timeshare is purchased under a Shared Deeded Contract, wherein each owner retains the right to transfer ownership of their shares by selling, gifting, or willing them to someone else, often in perpetuity, the timeshare becomes a real asset. This means it must be divided equally among both parties in a divorce. If both parties want to keep the timeshare, whether as a financial or sentimental asset, it’s recommended to share custody of the timeshare, so long as the divorce is amicable. Just make sure all conditions for payments, usage, and what happens if one spouse breaks the agreement, are set in writing, In the case only one spouse wants to keep the timeshare, it is up to them to provide the other spouse something of equal value, which can be difficult to assess due to the fees involved and inevitable depreciation. And what if neither spouse wants it? Then it’s time to sell the timeshare and split the proceeds. Just be wary of resale scams and other fees that come with selling to a broker or private buyer. Timeshares and Probate What many timeshare salespeople fail to mention (or gloss over) during their presentations are the continual costs involved in owning a timeshare. From maintenance and HOA fees to property taxes, insurance, management, and landscaping fees, owners can pay up to thousands of dollars a year even past their death. Because of this, timeshares quickly becomes a financial burden to heirs that may not even want it to begin with. What can you do before probate to get around this? Add a joint owner so ownership is automatically transferred to the other owner. Create a beneficiary deed with the name of the owner upon your passing. Change the title on the timeshare to a trust. Sell the timeshare. If the timeshare does pass into probate, the owner’s heirs must continue to pay the fees. If they fail to do so, the timeshare company can foreclose on the property and satisfy any debts from the probate assets. And what happens if the timeshare is in another state? The inheritance would then be forced to go through an ancillary probate, governed by the state in which the timeshare resides. This costs even more in filing and lawyer fees. In summary, timeshares may be a beneficial option for vacation consistency, but more often than not becomes a liability during divorce or probate. Take it or leave it, your choices will have consequences in perpetuity.

Celebrity status is likely to be the first choice pick. Spears, Jobs, and Manson are household names recognized across the United States, and even internationally. Somewhere on the list of commonalities, these infamous beings also share the experience of being involved in California court proceedings; more specifically cases involving the control of their person. #FreeBrittany Brittany was the subject of a California conservatorship case for over 13 years where her father, Jamie Spears, was granted the legal authority to make decisions over Brittany’s every move including who she dated and what her text messages said. Jamie’s decisions were controversial at best and more likely an abuse of power, resulting in the #FreeBrittany movement. In 2021 Spears was finally granted her freedom. #Apple Steve is best known for #Apple. But far before changing the trajectory of technology, Jobs ended up going through California court dependency proceedings when his mother gave him up at birth. Fortunately for Steve, his foster experience sent him to live with his soon-to-be adoptive parents. #MansonFamilyCult Charles, may not be liked nearly as much as Spears and Jobs, but his California court experience received more notoriety than both of them combined. Manson is best known as the mastermind behind the #MansonFamilyCult; a cult responsible for numerous murders and deaths. Interestingly, after his death, family members and potential heirs went to battle over his remains and his stuff. Fighting For Your Rights Most of us are not going to become founders of the next #imac, or #superstar, and hopefully, we won’t have another #deathcult developing. Celebrity or not, one thing we all have in common: we know someone suffering from dementia, a child without parents, or a family member battling for their inheritance. We know someone fighting to protect their rights in the California probate system. Brittany Spears, Steve Jobs, and Charles Manson didn’t plan on being the subject of California court proceedings. I venture to say, that none of them thought control of their person would be in the hands of a judge. Your Best Advocate I may not have much in common with Manson, ideas as innovative as Jobs, or the ability to entertain like Spears, but I know that if I end up being the subject of a California probate court proceeding, I want an advocate on my side that will fight for me, and ensure that my voice is heard. © Rachel King 2022

The last thing anyone wants to do after a loved one passes away is to go to court over the decedent’s estate. Although probate can help establish an executor to oversee the distribution of assets and help the process run smoothly, there are times when an interested party will disagree with the decedent’s last will and testament, or in the handling of assets. When this occurs, probate litigation becomes necessary. What is Probate Litigation? Probate litigation is the legal process individuals will pursue to address a perceived wrong in the dispersing of a decedent’s property. Who Can File for Probate Litigation? Any interested party — an heir, beneficiary, trustee, spouse or creditor, to name a few — may file written opposition with the court for any of the following reasons: Contestation of a will, including the wording or construction of the documents; Redress for fiduciary breach because an executor or trustee failed in their commitment to abide by the instructions of the will; Wrongfully distributed property; Insufficient mental capacity of the decedent to make sound judgements; Undue influence of someone in power having taken advantage of the decedent; Tortious interference with inheritance claims; Power of Attorney disagreements; Designations in patient advocacy and living wills; Guardianship or conservatorship issues; Sibling rivalry, treating children differently, or excluding a child; Multiple marriages or pre-nuptial agreements; Improper signatures; and/or The decedent did not leave behind a will or trust and the descendants cannot agree upon the even distribution of assets. When Should Oppositions Be Filed? A written opposition may be filed at any time. It is always better to file an objection prior to the court making an official decision on the validity of the will or trust, as then the aggrieved party may call witnesses and submit evidence. Should the objection be filed after the will has been probated (found to be valid), the aggrieved will need to prove the will to be invalid. Is Hiring a Probate Litigation Attorney a Good Idea? Hiring an attorney who specializes in probate litigation is necessary to uphold the rights of the aggrieved during litigation. Probate litigation has many statutes that must be adhered to; improper procedures and a failure to go through the correct evidentiary process could lead to the wrong person gaining administrative duties, or the failure of an opposition request to be fulfilled. Be mindful to the fact that a probate litigation attorney (a trial lawyer who understands court processes and how to litigate the validity of wills and trusts) is different than an estate planning attorney (an attorney more familiar with the creation of wills and trusts than with court proceedings). Having the correct attorney in your corner during this process will be the linchpin for a desired outcome.

Performing due diligence when it comes to setting up an inheritance is highly recommended for anyone with a family. Having a living trust in place when your time on Earth has expired helps protect family members from lengthy and costly probate or contentious legal battles while they are still grieving your loss. However, no matter how much time and effort we place in building a living trust, mistakes still happen. Real property or other assets may sometimes be unintentionally left out or never transferred to the trust. In California, this type of oversight can be remedied by filing what’s known as a Heggstad Petition. What is a Heggstad Petition? The Heggsted petition was formed after the Heggsted estate probate ruling in 1993. Prior to his death, Mr. Heggstad failed to record a grant deed to formally transfer some property to the trust. However, because he had previously listed the property on the trust’s Schedule of Assets, there was a clear intent to transfer the property to the trust, which prompted the court to rule that it was, in fact, part of the trust. Since this ruling, this measure of intent has been redefined to include assets that aren’t listed on the Schedule of Assets but include written, legal proof that it was always the decedent’s INTENT to include the asset. When should I file a Heggstad Petition? Some reasons to file a Heggstad Petition include: Property not being transferred or being incomplete at the time of death; Flawed paperwork Failing to change the title of the property; or Failing to return the property to the trust after a refinance. Be aware that if the court denies the petition, the estate loses any fees associated with filing and may delay the distribution of assets even longer than a normal probate. How do I file a Heggstad Petition? Heggstad Petitions are filed under California Probate Code 850. You may file for a petition if you meet one or more of the following criteria: A trustee holds the title to the property, but another person claims ownership; A trustee claims title to a property that is held by someone else; or the property is claimed to be subject to a creditor There is no formal document to fill out, but there is specific information that must be included: A copy of the decedent’s trust, including the Schedule of Assets; Relevant decedent and beneficiary Information; A description of the assets in question; and Clear and legal documentation of the decedent’s intent to include the property in the trust. Filing a Heggstad Petition can be quite arduous; providing vague language, such as “all property” may not be beneficial or enough to grant the petition, and you must provide a 30-day notice to all interested parties before filing. Bottom line, you will definitely want to talk to a probate attorney to correctly file the Heggstad Petition.

No matter what happens, no one can bring anything with them when they die. The most we can do to prepare for the inevitable is draft a will or trust, which guarantees that the assets left behind (the decedent’s estate) are transferred to the correct heirs. It seems easy enough, but the process of transferring the estate includes dozens of laws, also known as the California Probate Code, that must be followed. The Probate Code is one of 29 legal codes set up and governed by the California legislature to keep the general statuary laws of the state from becoming an overwhelming mess. This set of civil laws determines how the transfer of assets will be handled upon someone’s death, including rules and regulations for when there is a will or trust, when there isn’t a will or trust (also known as intestacy succession), or when a decedent isn’t survived by any family members, in which case, the estate will “escheat” to the state. The latter example rarely happens, as the government has done what it can to make sure that a decedent’s estate always has someone to go to. When someone is appointed as an executor or trustee, they must adhere to every law in the Probate Code, or else be subject to a lawsuit. To keep an executor or trustee honest and liable for mishandling of assets, the Probate Code also governs the fiduciary commitments and defines the liabilities of the executor or trustee. Because the Probate Code, like many other California Codes, are civil in stature, penalties for breaking one’s fiduciary commitments are almost always monetary, and in some cases, behavioral. This is because the reason for civil law is the redress of wrongs, so a guilty party is only liable for the compensation of this redress. The Penal Code, in contrast, is criminal in stature, so penalties for breaking criminal laws could include incarceration. Only the state may initiate a case in criminal law, and are almost always decided by a jury, whereas an individual or business may initiate a case in civil court, and these cases are almost always decided by a judge. Whatever the case may be, the Probate Code, like all other codes in California, is very complicated, and no one wants to end up in court because they didn’t know they were or weren’t supposed to do something. This is why it’s always a good idea to reach out to a knowledgeable probate attorney before trying to navigate any probate proceedings.