Prevent Reverse Isolation Abuse with an Anti-Isolation Restraining Order

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.

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.

Your decision to file for divorce is tough enough. The last thing you want to deal with while figuring out your new life is a ton of documents, mediation, and court proceedings. Lucky for you, if you live in California, you may qualify for another option – summary dissolution. What is a Summary Dissolution? Summary dissolution is a simplified, less expensive process for divorce or legal separation. How Do You Qualify for Summary Dissolution? The process may be faster, however, there are stringent requirements that must be met to qualify for summary dissolution. First and foremost, the separation must be uncontested, which means both parties agree that the marriage is ending due to irreconcilable differences and to the division of property and assets. Each party must also waive any right to spousal support. Several additional requirements must also be met include: The separation date must be within five years of the date of your marriage. The couple must not have any children together, nor can either part be pregnant. The couple may not own property or land together and may not have debt that exceeds $7,000 (except for car loans). Assets owned by each party may not exceed a net worth of $53,000 together (from the date of marriage) or separately (before the marriage). Except for your primary residence, parties may nat have a rental agreement for land or buildings. If any of the above conditions are not met, you do not qualify for a summary dissolution. Your Guide to Summary Dissolution If you do qualify for summary dissolution, the Summary Dissolution Information booklet ( FL-810) is required reading—you will need to sign under oath that you’ve read it. This booklet details everything you will need, including documents and worksheets that must be completed. Important Information to Know Financial Forms Both parties must complete the following financial disclosures: Income and Expense Declaration ( FL-150) Declaration of Disclosure ( FL-140) Schedule of Assets and Debts ( FL-142) or a Property Delaration ( FL-160) Each spouse will then swap these forms along with tax information and additional investment and business disclosures. Court Filings Once the financial information is complete, you’re ready to fill out and sign the settlement agreement found in the Summary Dissolution Information booklet. This form, along with a Joint Petition for Summary Dissolution ( FL-800), a Judgement of Dissolution and Notice of Entry of Judgement ( FL-825), and your property agreement (a detailed explanation for the division of assets) must then be filed with the court. Deliver two copies (along with the original) to the court clerk and pay the required $435 filing fee. (If you receive public benefits or can prove hardship, you may be able to waive the fee.) Additional local or county forms may also be required. That’s it. There are no court hearings to finalize the divorce. If you have questions, or need assistance with any of the summary dissolution documents, contact King Law Firm Attorneys at Law, Inc.