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Now in it's 17th printing "How to Probate an Estate in California", is written by Julia Nissley and published by Nolo Press. More Info >

 

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Now in it's 17th printing "How to Probate an Estate in California", is written by Julia Nissley and published by Nolo Press. The following is the table of contents for this successful self-help book.

Introduction

Chapter 1--An Overview

  • What Is Probate?
  • What Is Involved in Settling an Estate?
  • How Long Does It Take to Settle an Estate?
  • What This Book Covers
  • Simple Estate Checklist
  • Important Terms Defined
  • Insolvent Estates
  • Estate Taxes
  • Do You Need An Attorney?

Chapter 2--First Steps in Settling An Estate

  • Who Should Act as the Estate Representative?
  • Responsibilities of the Estate Representative
  • Specific Duties of the Estate Representative

Chapter 3--Who Are the Heirs and Beneficiaries?

  • Where to Start
  • How to Read a Will
  • Compare Schedule of Assets (in Chapter 5) with Property Left in Will
  • Who inherits when the will is ineffective?
  • If There is No Will
  • Determining Heirs Under Intestate Succession Laws
  • The Concept of Right of Representation

Chapter 4--What Is the Decedent's Estate?

  • Real Property
  • Personal Property
  • What Establishes Ownership of Property?
  • How Was Decedent's Property Owned?
  • How to Determine Whether Property Is Community or Separate
  • Actions That Change the Character of Property
  • Property That Is a Mixture of Community and Separate Property
  • Examples of Property Ownership
  • Property Acquired by Couples Before They Moved to California

Chapter 5--Preparing a Schedule of the Assets and Debts

  • Describe Each Asset
  • Value Each Asset (Column A)
  • How to Determine Ownership of Property
  • List the Value of the Decedent's Interest (Column D)
  • Determine Whether Property Is Probate or Non-Probate Asset (Column E)
  • List All Debts
  • Checklist of Property to List on Schedule of Assets
  • Schedule of Assets for a Sample Estate

Chapter 6--How to Identify the Best Transfer Procedure

  • Non-Probate Assets
  • Assets That May Be Subject to Formal Probate
  • Examples of How Assets Are Transferred in Typical Estates
  • Sample Estates

Chapter 7--What About Taxes?

  • Decedent's Final Income Tax
  • Fiduciary Income Tax Returns
  • Other Income Tax Returns
  • "Stepped-Up" Income Tax Basis Rules for Inherited Property
  • Federal Estate Tax Return
  • California Estate Tax Return
  • California Inheritance Tax
  • Tax Issues for Some Typical Estates

Chapter 8--Transferring Title to Real Property

  • Ways to Transfer Real Estate After Death
  • Basic Information on Recording Documents
  • Change in Ownership Statements
  • How to Record Your Document Transferring Title
  • Mortgages

Chapter 9--How to Transfer Securities

  • Documents Required to Transfer Securities
  • The Stock or Bond Power
  • The Affidavit of Domicile
  • The Transmittal Letter
  • How to Sell Securities
  • The Stock Transfer Tax

Chapter 10--Joint Tenancy Property

  • Where to Start
  • How to Clear Title to Real Property in Joint Tenancy
  • How to Clear Title to Securities Held in Joint Tenancy
  • How to Clear Title to Motor Vehicles and Small Boats Held in Joint Tenancy
  • How to Clear Title to Joint Tenancy Bank Accounts (and Totten Trust Accounts)
  • How to Clear Title to Money Market Funds and Mutual Funds
  • How to Clear Title to U.S. Savings Bonds in Co-Ownership

Chapter 11--Transferring Small Estates Under $100,000

  • Overview of the Simplified Transfer Procedure for Small Estates
  • How To Determine Whether You Can Use Summary Procedures
  • How To Transfer the Property

Chapter 12--How to Transfer Trust Property and Property Subject to Life Estates

  • Notifying Heirs and Beneficiaries
  • Trust Property
  • Handling Debts and Expenses
  • How to Transfer Property Held in Living Trusts
  • Life Tenancy (Life Estate)

Chapter 13--An Overview of the Probate Court Process

  • Do You Really Need a Probate Court Proceeding?
  • Probate Checklist
  • Dealing with the Probate Court
  • Beginning the Probate Process
  • Taking Care of the Estate During Probate
  • Closing the Estate

Chapter 14--Conducting a Simple Probate Court Proceeding

  • Step 1 - Prepare the Petition for Probate
  • Step 2 - Prepare the Certificate of Assignment
  • Step 3 - Prepare the Notice of Petition to Administer Estate
  • Step 4 - File Your Petition for Probate
  • Step 5 - Complete the Proof of Subscribing Witness Form
  • Step 6 - Complete a Proof of Holographic Instrument
  • Step 7 - Notify the Director of Health Services
  • Step 8 - Prepare Your Order for Probate
  • Step 9 - Study and Respond to the Calendar Notes
  • Step 10 - Prepare the Letters
  • Step 11 - Prepare the Duties and Liabilities of Personal Representative Form
  • Step 12 - Prepare the Application for Appointment of Probate Referee
  • Step 13 - Prepare Notice of Proposed Action, If Necessary
  • Step 14 - Prepare the Inventory and Appraisal Form
  • Step 15 - Notify Creditors and Deal with Creditor's Claims and Other Debts
  • Step 16 - Prepare the Petition for Final Distribution
  • Step 17 - Prepare Notice of Hearing (Probate)
  • Step 18 - Prepare Order of Final Distribution
  • Step 19 - Transfer the Assets and Obtain Court Receipts
  • Step 20 - Request Discharge From Your Duties

Chapter 15--Handling Property That Passes Outright to the Surviving Spouse

  • An Overview of These Simplified Procedures
  • Collecting Compensation Owed the Decedent
  • Affidavit for Transferring Community Real Property
  • Survivorship Community Property
  • The Spousal or Domestic Partner Property Petition
  • How to Transfer the Assets to the Surviving Spouse or Partner

Chapter 16--If You Need Expert Help

  • What Kind of Expert Do You Need?
  • Using a Legal Document Assistant
  • Using a Lawyer

Glossary

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