Code Search Text Search Up^ Back To TOC DIVISION 5. Conservatorship: There are different types of conservatorship. PROVISIONS RELATING TO EFFECT OF DEATH 5000-5048 CHAPTER 1. Inter Vivos Trust: A trust that allows for the distribution of property or money to another person or organization during the lifetime of a person. The term personal representativ… California Probate Code app provides laws and codes in the palm of your hands. Life Estate: An interest in property that lasts only for the life of the owner, or holder. Ex Parte:  A judicial proceeding which is granted without notice. We offer full service and manage all the details and meet your specific needs pertaining to the sale of the estate, conservatorship or trust’s real property. Personal Property: Personal Property generally constitutes all Property that is not real and moveable. Certified Probate Real Estate Specialist: A licensed real estate agent or broker with specialized training and certified in probate real estate. California Probate Code CHAPTER 1 - Short Title and Definitions Section 1400. Real Property: Real Property is generally property that is not personal and immovable. Affidavit: A written affirmation or statement made under penalty of perjury and notarized. California Probate Code CHAPTER 1 - Definitions Section 13000. The executor files the will with the Court and files a petition for probate of the will and for appointment as the executor. Section 22. A guardian is appointed by the probate court. Devisee: A person named in a Will to receive a gift of Real Property from the Decedent. Section 23. Trustor:  A person who establishes a trust. The Petition represents a formal, written request to the court for a specific action or order. PRELIMINARY PROVISIONS 1-13 PART 2. PRELIMINARY PROVISIONS AND DEFINITIONS PART 1. Fiduciary: A person or an organization that has a legal responsibility that involves a high standard of care to manage the property for a person. Probate Code and comparisons with the Uniform Probate Code, 2 including an analysis by the State Bar of California 3 and a response by the Joint Editorial Board for the Uniform Probate Code. Clients know Kathleen to speak from her heart and act from her head. Joint Tenancy:  Property owned jointly by two or more persons. She has managed a successful real estate business since January 2003. California Probate Code ARTICLE 2 - Definitions Section 5120. In those cases, the person who the Court appoints to handle the estate is called an administrator. You may make other uses of the content only with the written permission of the author on payment of a fee. Pretermitted Heir: A person who would normally be a beneficiary but is not mentioned in the Will. The Executor is also known as the Personal Representative (PR) of the decedent’s Estate. California Probate Code Sec. California Laws | Probate Code DIVISION 1. Residuary Beneficiary: A person who receives all or part of the Residue. NONPROBATE TRANSFERS 5000-5705 PART 1. Section 1401. under the Probate Code. Disclaimer: These codes may not be the most recent version. There is a distinction between Real Property and Personal Property. 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. Short Title and Definitions 16320-16328 ARTICLE 2. … 2951 The definitions contained in this section shall govern the construction of this chapter, unless the context requires otherwise. Intestate Succession:  The order in which people inherit assets from people who died intestate, or without a Will. 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. Trustee:  A person who holds and manages the property for the benefit of a beneficiary. Definitions And Rules Of Construction PROBATE CODE SECTION 6200-6211 6200. 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. 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. Words often take on different meanings depending on the context used. DEFINITIONS 20-88 DIVISION 2. WILLS AND INTESTATE SUCCESSION 6100-6806 PART 1. Her core belief and business religion is that every client deserves to be treated with 100% honesty and transparency. Personal Representative: A Personal Representative, often referred to as a “PR” is the person who manages the distribution of the assets of an Estate. PRELIMINARY PROVISIONS AND DEFINITIONS PART 1. You want to work with a probate agent and attorney and know your needs are being met. seq. CALIFORNIA PROBATE CODE TABLE OF CONTENTS PROBATE CODE DIVISION 1. Probate Attorney: An attorney with specialized knowledge, and experience, with probate matters. 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. GENERAL PROVISIONS 100-890 PART 1. WILLS AND INTESTATE SUCCESSION [6100 - 6806] DIVISION 6. Independent Administration of Estates Act (IAEA): The IAEA allows the Personal Representative to administer most aspects of a decedent’s Estate without court supervision. California may have more current or accurate information. For more precise definitions you should consult with a probate attorney and/or refer to California Probate Code 20, et. 79.) 2011 California Code Probate Code DIVISION 6. Escheat: When a person who dies without a Will and has no surviving heirs, the property reverts, or escheats to the state. Decedent: The deceased, or person who passed away. (Repealed and added by Stats. A probate conservatorship could be for the person or the estate. Probate Process: The steps taken to distribute an estate under the supervision of the Probate Court. 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). Terms Used In California Codes > Probate Code > Division 4.5 > Part 1 Appraisal: A determination of property value. Use this page to navigate to all sections within Probate Code. A trustee is also a Fiduciary. California Probate Code ARTICLE 1 - Definitions and Rules of Construction Section 6200. (Enacted by Stats. GENERAL PROVISIONS [100 - 890] DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] DIVISION 4. PRELIMINARY PROVISIONS (1-13) 13. Community Property:  In California, any property acquired by a husband and wife during a valid marriage. If the decedent signed a will, the person who is designated in the will to handle the decedent's estate is called an executor. It is not uncommon that we never meet face to face. California Probate Code Sec. Property: Anything that can be owned is referred to as Property. Executor: The Executor is the person who the deceased person named in their Will to carry out the wishes outlined in the Will. For more precise definitions you should consult with a probate attorney and/or refer to California Probate Code § 20, et. As an Independent Broker, Kathleen has no loyalty to a brokerage. Domicile: A permanent place of residence. PROBATE CODE. Subscribe to Justia's LPS Conservatorship: For adults with mental illnesses that are listed in the DSM or Diagnostic and Statistical Manual of Mental Disorders. A Will is filed with the Probate Court after a person dies as part of the Probate Process. 2020 California Rules of Court Rule 10.478. Section 28. 2009 California Probate Code - Section 20-88 :: Part 2. Conservatee:  A person whom the court determines to be unable to manage their own personal and/or financial affairs. Just like real estate agents, all attorneys are not created equal. Intestate: When someone dies without a Will, they have died intestate. It also … § 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. PRELIMINARY PROVISIONS AND DEFINITIONS 1-88 PART 1. The definitions within this document are not comprehensive and are not intended to serve as a substitute for independent research of the law. seq. Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. Many of our clients live outside of the County of Santa Clara and the State of California. This is FindLaw's hosted version of California Code, Probate Code. Probate Court: The court that handles Probate matters, such as Wills, Trusts, Guardianships, and Conservatorships. 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. Multiple search options include: - Section No - Section Heading/Definitions - Header • Complete offline access. Real property: Buildings and land. Probate is stressful. 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