Westlake Law Group Legal Blog

Revoking a will in California requires more than simply deciding that an old document should no longer apply. This article explains recognized revocation methods, why handwritten changes can create uncertainty, and why the rest of the estate plan should be reviewed at the same time.

California executor compensation is generally based on a statutory formula tied to estate value, but extraordinary services may be treated differently. This overview explains what executors and beneficiaries should look for when compensation is requested during the probate closing process.

Independent administration can reduce the number of probate actions requiring advance court approval, but it does not remove fiduciary duties or notice requirements. Learn what California personal representatives and beneficiaries should understand when an estate is being administered under the Independent Administration of Estates Act.

Intellectual property can produce income and require active management long after its owner dies. Learn how inventories, contracts, fiduciary roles, federal ownership records, royalty reporting, and coordinated estate documents can help preserve copyrights, trademarks, patents, and licensing rights.

A conservatorship capacity declaration gives the court clinical evidence about a person’s functional decision-making abilities. This article explains what the evaluator reviews, why the assessment must match the requested powers, and how incomplete or unsupported information can affect the proceeding.

Probate estates may retain funds for taxes, fees, closing work, and unresolved liabilities before the representative is discharged. Learn how a reserve should be estimated, explained, reviewed, and ultimately distributed when the remaining obligations have been satisfied.

When no valid will or trust controls probate property, California law determines the heirs. This overview explains why asset title, marital status, property character, adoption, descendants, and an accurate family tree all matter before an estate can be distributed.

A probate hearing notice tells interested persons that the court will consider a specific request. Learn how to identify the petition, evaluate its effect on an inheritance or legal right, and decide whether clarification, participation, or a formal objection may be appropriate.

Trustees may use attorneys, accountants, advisers, appraisers, and other specialists, but delegation does not eliminate fiduciary responsibility. This article explains how careful selection, written assignments, active supervision, and documented decision-making can support responsible California trust administration.

A final probate accounting can reveal how estate assets were collected, spent, sold, and prepared for distribution. Learn what heirs should compare, which discrepancies may deserve clarification, and why concerns should be raised before the court approves the estate’s closing documents.

Family relationships and inheritance rights are not always clear after a death. A California petition to determine heirs allows the probate court to evaluate the evidence, decide who is entitled to inherit, and establish each person’s share before estate property is distributed.

California trustees may use a statutory notice procedure to disclose certain proposed actions before implementation. The process gives beneficiaries a defined opportunity to object and may provide the trustee with protection when the notice is complete and no timely objection is received.

A California probate court may appoint a special administrator when estate property cannot safely wait for the regular appointment process. The order can provide focused temporary authority to secure assets, collect income, manage urgent proceedings, and prevent avoidable loss.

A beneficiary may waive a formal trust accounting, but that does not eliminate every trustee duty or automatically approve every transaction. Both trustees and beneficiaries should distinguish an accounting waiver from a broader consent, release, or final settlement.

California generally requires two witnesses for a formally executed will, but the identity of those witnesses also matters. A beneficiary who witnesses the document can create a statutory presumption and additional litigation over whether the gift was properly obtained.

A surviving spouse or minor child may be able to request temporary use of a residence during probate. The court considers family needs, debts, beneficiary rights, and the decedent’s estate plan before deciding whether a probate homestead is appropriate.

A trustee does not always have to choose between acting without guidance and doing nothing. California law allows trustees to request focused court instructions when ambiguous trust language, disputed distributions, or unusual circumstances create a genuine administrative problem.

When a California conservator resigns, dies, or becomes unable to serve, the court may appoint a successor. Careful transfer of financial records, care information, court orders, property, and pending responsibilities can prevent disruption and protect the conservatee.

A loan to a trust beneficiary should be evaluated as a fiduciary transaction, not an informal family favor. The trustee should review authority, repayment ability, interest, collateral, liquidity, fairness among beneficiaries, and the consequences of default.

A California probate court may remove an executor or administrator when continued service threatens the estate. Removal usually requires specific evidence of misconduct, incapacity, noncompliance, conflict, or serious delay rather than a simple disagreement over administration decisions.

Property brought into a marriage may become difficult to identify if it is retitled, refinanced, or mixed with marital funds. Coordinated trust provisions, beneficiary designations, ownership records, and clear documentation can reduce future inheritance disputes.

A trustee may need to pursue loans, contracts, rent, or other obligations owed to a trust. The trustee should investigate the claim, consider litigation costs and collectability, address conflicts of interest, and document why the selected course protects the beneficiaries.

Beneficiaries do not always have to wait indefinitely for a California probate estate to close. A distribution petition may be considered when the estate has stalled, although sufficient assets must remain available for taxes, expenses, claims, and unresolved disputes.

A successor trustee, power of attorney agent, or conservator may not automatically have authority to amend an incapacitated person’s trust. Learn when court approval may be required and why the trust and power of attorney must be reviewed carefully.

California probate creditor claims follow a formal notice, filing, review, and allowance or rejection process. Personal representatives should verify deadlines, supporting documents, estate liquidity, and payment priorities before paying debts or distributing property to beneficiaries.