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Articles Posted in probate law

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What is an Order Determining Succession to Real Property? (Probate Code Section 13154)

An order determining succession to real property is an alternative petition to get a court order transferring the property. (Prob. Code § 13154.) If the estate is small enough, and a successor to the decedent has proof that they are entitled to a certain piece of property, then they may…

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How Does a Partition Sale Differ From the Process of a Probate Sale?

Partitions sales and probate sales are two different ways that a property can be sold. A main difference between the two is that a partition sale is ordered and overseen by the court, while a probate sale is generally overseen by a personal representative, and the court can have minimal…

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What Are the Rules for Buying Probate Property (Prob. Code § 10580)?

When a person passes away and leaves behind the property, their property must first pass through the probate process before being passed down to family members and loved ones. Essentially, the probate process is a legal process that determines the execution of the estate of someone who has passed away.…

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What is a Petition to Determine Distribution Rights (Prob. Code § 11705)? 

For family members of a deceased loved one, the most important part of probate proceedings is the final distribution of the estate. This occurs once the estate’s debts and obligations have been satisfied, and it serves to more or less end the probate of the estate.  But what if someone…

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How do you enforce real estate contracts in Probate Court (Probate Code section 850)? 

Real estate contracts are an expansive field of both law and life. Sales, leases, options, and certainly wills can all fall under this broad category. Normally, once a contract is signed, parties can go to court to enforce them by filing a lawsuit. But if one of the parties has…

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