Articles Tagged with probate law

underwood-real-estate-commission-probate-300x300Probate proceedings can often be complex, especially when it comes to the sale of property within an estate. In California, the rules governing commissions for agents, brokers, and auctioneers involved in probate sales are outlined in California Probate Code. 

Probate commissions are fees paid to executors and administrators for their services in managing and distributing an estate. However, what constitutes “normal” probate commissions can vary widely and is often misunderstood. 

Probate commissions, also known as executor fees or personal representative fees, compensate individuals responsible for overseeing the probate process. These individuals, typically named in the deceased’s will or appointed by the court if there’s no will, handle tasks such as gathering assets, paying debts, filing tax returns, and distributing property to beneficiaries.

underwood-order-determining-succession-real-property-300x300An 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 use this process to become a title owner. 

Naturally, though, the process is much more complicated than it may seem. Only certain individuals may file the petition, and only certain types of estates even qualify. Therefore, in order to ensure compliance, litigants should take care to get themselves the right attorneys for the job. At Underwood Law Firm, our attorneys are well-read on real property transfers and ready to assist. 

When can an order determining succession to real property be used in Probate Court?

6212023-300x300Partitions 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 involvement. There are also specific steps that the personal representative must take in the probate sale process under California law. 

The Partitions Sale Process

Usually, partition sales are ordered by a court. This is because partition lawsuits are often brought before courts by a property owner who wants to force a sale if the parties cannot come to an agreement. 

552023-300x300When 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. Moreover, during the probate process, the court appoints an executor or an administrator to administer the deceased’s estate. Therefore, probate property refers to any assets or property left behind by a deceased person that passes through the probate process.    

It is possible to sell or buy probate property while it is still in the probate process. However, the sale of probate property is different from a standard sale of real property, and there are court and statutory procedures that need to be taken into consideration.  At the Underwood Law Firm, our attorneys are more than familiar with the sale of probate property and the requirements that follow. 

The Probate Process

532023-300x300For 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 thinks they’re entitled to a share of the estate but was left out of the proceedings from the outset? This is where the petition to determine distribution rights comes into play. It’s a legal mechanism whereby omitted heirs or interested parties ask to court to be included in the final distribution. 

What is a Distribution in Probate? 

3242023-300x300Real 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 passed away, the transaction becomes more complicated. 

Thankfully, the California legislature created Probate Code section 850 to remedy some of the problems inherent to these situations. No longer do separate lawsuits need to be filed. Instead, interested parties can file a special petition to get the probate court to enforce a contract concerning the subject property. For instance, a son could petition to enforce a contract with his decedent’s mother where she had promised to transfer him the house upon death. 

That said, the law surrounding these petitions is still dense and unwieldy for inexperienced litigants. As such, securing the right attorney in these situations can make all the difference. At the Underwood Law Firm, our attorneys are well-versed in these matters and are ready to assist. Potential litigants should not hesitate to contact our office so that we can begin making your goals a reality. 

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