Introduction to California Probate - Part 5

Introduction to California Probate - Part 5

“In Probate, you won’t survive selling a home without a lot of help from an experienced Probate attorney, in addition to a real estate agent who’s an expert in your local probate rules and procedures (yes, you need both an agent and an attorney).”

Introduction to California Probate - Part 4(c)

Introduction to California Probate - Part 4(c)

Debts and taxes owed by the Estate are both liabilities however they are handled quite differently from one another in the Probate process. While taxes must be paid from available assets of the Estate, the Personal Representative needs to be cognizant and should not pay unsecured debts until a claim is timely filed in the Probate Proceeding. Showing preference in paying debts can turn into a big mess.

Introduction to California Probate - Part 4(a)

Introduction to California Probate - Part 4(a)

According to Probate Code §9650, the Personal Representative has a right to, and shall take possession or control of, all the property of a deceased person's estate. As well, the Personal Representative has a right to collect all debts that are due to the deceased person (or the deceased person's estate).

The term "Marshalling" is a technical one- it means to collect, to organize and to inventory all assets. Really this is one of the most important jobs in the Probate process.