california probate code definitions

Features are: • Provides full text search with accurate results. California Probate Code Sec. Disclaimer: An irrevocable refusal by an individual to accept ownership of the property after an individual’s death. Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. The Uniform Probate Code was created in an effort to simplify the process of probating estates and to standardize laws regarding wills, trusts and intestacy. Certified Probate Real Estate Specialist: A licensed real estate agent or broker with specialized training and certified in probate real estate. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part. California may have more current or accurate information. Probate: Probate is a court-supervised (legal) process to administer an estate. This is distinguished from a trust that transfers money or property after death. California Probate Code Sec. California, like other states, has laws that explain who may receive an inheritance when a person dies without a last will and testament. Real Property: Real Property is generally property that is not personal and immovable. The Estate assets are managed by the Fiduciary and subject to court order. Residue: The remaining portion of a decedent’s estate after the payments of debts and legacies. GENERAL PROVISIONS [100 - 890] DIVISION 3. Short Title and Definitions 16320-16328 ARTICLE 2. … Please check official sources. Code Search Text Search Up^ Back To TOC DIVISION 5. Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court. Guardian: A person who manages and protects the financial and/or personal care of a minor, or ward. Section 26. CALIFORNIA PROBATE CODE Sections 4600-4678, 4695-4698, and 4735-4736 Section 4600. Conservatee:  A person whom the court determines to be unable to manage their own personal and/or financial affairs. If the decedent has not made a will, his or her affairs will still be settled through the Probate Court. Blocked Accounts:  The creation of a bank or other account by court order; a court order is required to withdraw and deposit funds. California Probate Code ARTICLE 1 - Definitions and Rules of Construction Section 6200. Letters Testamentary:  An Executor of a Will is granted “Letters Testamentary” by the judge as part of the Probate Process. Domicile: A permanent place of residence. Section 1401. featuring summaries of federal and state Joint Tenancy:  Property owned jointly by two or more persons. California Probate Law explains what happens in a Probate with a Will, Probate without a Will, and the steps needed to complete a California Probate Process The Law Offices of Vincent W. Davis & Associates provides legal advice and representation for residents and business clients in communities throughout the Inland Empire, San Gabriel Valley, West Los Angeles and East Los Angeles, California. Tenancy in Common: A form of holding title to the real or personal property by two or more persons with no right of survivorship. CALIFORNIA PROBATE CODE TABLE OF CONTENTS PROBATE CODE DIVISION 1. The probate terms listed in this glossary are designed to provide a general understanding of terms used in probate. Uniform Probate Code The Uniform Probate Code (UPC) is a comprehensive statute that unifies, clarifies, and modernizes the laws governing the affairs of decedents and their estates, certain transfers accomplished other than by a will, and trusts and their administration. Conservator:  The court appoints a person or organization to manage and protect the financial and/or personal care of a conservatee. Unless the provision or context clearly requires otherwise, these definitions and rules of construction govern the construction of this chapter. Successor Fiduciary: The next person, or organization appointed if a person or organization named or appointed as Fiduciary cannot act due to resignation, removal or death. Minor: A person under 18 years of age under the care of a court-appointed guardian. Section 22. This is in the context of a guardianship. Independent Administration of Estates Act (IAEA): The IAEA allows the Personal Representative to administer most aspects of a decedent’s Estate without court supervision. Probate Attorney: An attorney with specialized knowledge, and experience, with probate matters. Real property: Buildings and land. court opinions. For example, the Petition for Probate. This division may be cited as the Health Care Decisions Law. PRELIMINARY PROVISIONS AND DEFINITIONS PART 1. Grantor:  An individual or corporation who transfers (grants) property to another person. PRELIMINARY PROVISIONS AND DEFINITIONS PART 1. seq. Executor: The Executor is the person who the deceased person named in their Will to carry out the wishes outlined in the Will. Administrator with Will Annexed: This person is appointed by the Probate Court but is not the person who was named in the Will to act as the Executor. The definitions within this document are not comprehensive and are not intended to serve as a substitute for independent research of the law. Intestate Succession:  The order in which people inherit assets from people who died intestate, or without a Will. Her core belief and business religion is that every client deserves to be treated with 100% honesty and transparency. § 6205 “Descendants” mean children, grandchildren, and their lineal descendants of all generations, with the relationship of parent and child at each generation being determined as provided in Section 21115. If you need help finding a probate attorney, we can help. For more precise definitions you should consult with a probate attorney and/or refer to California Probate Code § 20, et. 2020 California Rules of Court Rule 10.478. How Long Does Probate Take In California? Intestate: Dying without leaving a will. Personal Representative: A Personal Representative, often referred to as a “PR” is the person who manages the distribution of the assets of an Estate. Use this page to navigate to all sections within Probate Code. § 50 “Issue” of a person means all his or her lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent. In those cases, the person who the Court appoints to handle the estate is called an administrator. PRELIMINARY PROVISIONS AND DEFINITIONS 1-88 PART 1. Beneficiary:  A Beneficiary may be an individual person or organization to whom a gift is made via a Will and who inherits the gifted property. There is a distinction between Real Property and Personal Property. However, the Uniform Probate Code covers more than just wills and intestate succession. WILLS AND INTESTATE SUCCESSION [6100 - 6806] DIVISION 6. As an Independent Broker, Kathleen has no loyalty to a brokerage. Identity Of Heirs PROBATE CODE SECTION 248-249.8 248. Copyright secured by Digiprove © 2017-2018 Kathleen Daniels, San Jose & Santa Clara County Probate & Trust Real Estate Specialists, Kathleen Daniels, Real Estate Broker Realtor®, Need Probate Help - Probate Real Estate Services, San Jose & Santa Clara County, California, Professional Fiduciary Management for Trustees. Personal Property: Personal Property generally constitutes all Property that is not real and moveable. Probate Administration: The legal process in which the probate court supervises the collection of a decedent’s debts and taxes and orders property distributed in accordance with a Will. Life Tenant: A tenant who may retain possession of the property as long as they are alive. 2010 California Code Probate Code Article 1. A guardian is appointed by the probate court. 408-972-1822. 79.) Probate Process: The steps taken to distribute an estate under the supervision of the Probate Court. California Laws | Probate Code DIVISION 1. Probate Court: The court that handles Probate matters, such as Wills, Trusts, Guardianships, and Conservatorships. California Probate Code CHAPTER 1 - Definitions Section 13000. Federal Estate Taxes: Death taxes imposed by the federal government on the transfer of assets following one’s death. Administrator: A person appointed by the Probate Court to administer the Estate of a person who died intestate, or without a Will. DEFINITIONS 20-88 DIVISION 2. [Video], What is the Process for a Sheriff Eviction in California [Video], Create a California Conservatorship [Video], Difficulties of a Conservatorship [Video], California Trust Administration Checklist, Modifying an Irrevocable Trust – Ca Probate Code 15404 [Video], Trusts Avoid Probate in California [Video]. Property: Anything that can be owned is referred to as Property. Section 28. 1990, Ch. California Probate Code Sec. Limited Conservatorship: Generally, for developmentally disabled adults. under the Probate Code. Legatee:  A person named in a Will to receive a gift of Personal Property from the Decedent. 2011 California Code Probate Code DIVISION 6. It is not uncommon that we never meet face to face. She owns the independent power to do things for her clients she got prevented from doing when affiliated with a big box brokerage. Definitions PROBATE CODE SECTION 20-88 20. No need of Internet Connection or any Printed books. PROBATE CODE DIVISION 1. You may make other uses of the content only with the written permission of the author on payment of a fee. seq. Content-based and hours-based education for court investigators, probate attorneys, and probate examiners (a) Definitions As used in this rule, the following terms have the California Probate Code CHAPTER 1 - Short Title and Definitions Section 1400. Residuary Beneficiary: A person who receives all or part of the Residue. 2009 California Probate Code - Section 248-249.8 :: Chapter 3. Multiple search options include: - Section No - Section Heading/Definitions - Header • Complete offline access. This court appointed representative administers the Estate of the decedent who died with a Will, under the Independent Administration of Estates Act (IAEA). PRELIMINARY PROVISIONS ..... 1-13 PART 2. Free Newsletters Original content here is published under these license terms: You may read the original content in the context in which it is published (at this web address). What is Probate & Process in Santa Clara County? Section 29. PROBATE CODE. Definitions And Rules Of Construction PROBATE CODE SECTION 6200-6211 6200. Devisee: A person named in a Will to receive a gift of Real Property from the Decedent. NONPROBATE TRANSFERS 5000-5705 PART 1. Disclaimer: These codes may not be the most recent version. Trusts: Property handed over to a person and held for the benefit of another person. California Probate Code PART 2 - DEFINITIONS Section 20. PRELIMINARY PROVISIONS AND DEFINITIONS PART 1. Bi-Polar disorder and schizophrenia are examples of such mental illnesses. Just like real estate agents, all attorneys are not created equal. Probate: The process of deciding where, how, and to whom to distribute the decedent’s property. Heir: An Heir is a person who inherits property via a Will or who inherits property from a person who died without a Will. The Executor is also known as the Personal Representative (PR) of the decedent’s Estate. PRELIMINARY PROVISIONS 1-13 PART 2. PRELIMINARY PROVISIONS (1-13) 13. are met. DIVISION 1. Community Property:  In California, any property acquired by a husband and wife during a valid marriage. 2019 California Code Probate Code - PROB DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS PART 2 - DEFINITIONS Section 20. Revocable Trust: A trust that may be revoked by the person who makes the trust. Intestate: When someone dies without a Will, they have died intestate. California Probate Code ARTICLE 2 - Definitions Section 5120. Irrevocable Trust:  The grantor expressly releases the power to revoke the trust. View Previous Versions of the California Code. A Will is filed with the Probate Court after a person dies as part of the Probate Process. If you need help with probate real estate contact Kathleen Daniels, Independent Broker-Owner of KD Realty in San Jose. Trustor:  A person who establishes a trust. PRELIMINARY PROVISIONS AND DEFINITIONS 1-88 PART 1. PRELIMINARY PROVISIONS 1-13 PART 2. Life Estate: An interest in property that lasts only for the life of the owner, or holder. A trustee is also a Fiduciary. We understand the rules of engagement with the Probate Court and collaborate with the probate attorneys to ensure a smooth transaction. Testate:  When someone dies with a valid Will, they have died testate. We work with many of the top probate attorneys in Silicon Valley. (Repealed and added by Stats. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] Testator: Testator is a person who makes a Will. Ex Parte:  A judicial proceeding which is granted without notice. Ancillary Administration: The administration of property owned by a decedent located in a state other than the domicile of the decedent. This includes personal possessions such as automobiles, clothing, jewelry, as well as cash, securities, and real property. Uniform Principal and Income Act 16320-16375 ARTICLE 1. PROVISIONS RELATING TO EFFECT OF DEATH 5000-5048 CHAPTER 1. (Enacted by Stats. 2951 The definitions contained in this section shall govern the construction of this chapter, unless the context requires otherwise. Section 21. Definitions & General Transitional Provisions Section 4665 California Probate Code Sec. Glossary of Probate Terms Administrator : A person appointed by the Probate Court to administer the Estate of a person who died intestate, or without a Will. Kathleen is the sole decision-maker for Need Probate Help. Many of our clients live outside of the County of Santa Clara and the State of California. Unless the provision or context otherwise requires, the definitions in this article govern the … Holographic Will: A Holographic Will is a handwritten Will that is written, dated and signed by the person who wrote the Will. Code Search Text Search Up^ Back To TOC CHAPTER 3. Section 24. If the decedent signed a will, the person who is designated in the will to handle the decedent's estate is called an executor. Words often take on different meanings depending on the context used. A probate conservatorship could be for the person or the estate. Small Estates:  An estate of a decedent may avoid probate and personal property may be transferred directly to an heir if the requirements of California Probate Code §13100 et seq. Trustee:  A person who holds and manages the property for the benefit of a beneficiary. 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