Multiple search options include: - Section No - Section Heading/Definitions - Header ⢠Complete offline access. § 6205 âDescendantsâ 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. California Probate Code ARTICLE 2 - Definitions Section 5120. Conservatee: A person whom the court determines to be unable to manage their own personal and/or financial affairs. There is a distinction between Real Property and Personal Property. 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. Ancillary Administration: The administration of property owned by a decedent located in a state other than the domicile of the decedent. WILLS AND INTESTATE SUCCESSION [6100 - 6806] DIVISION 6. This court appointed representative administers the Estate of the decedent who died with a Will, under the Independent Administration of Estates Act (IAEA). Kathleen is the sole decision-maker for Need Probate Help. We work with many of the top probate attorneys in Silicon Valley. For example, the Petition for Probate. Section 21. Unless the provision or context otherwise requires, the definitions in this part govern the construction of this code⦠Her core belief and business religion is that every client deserves to be treated with 100% honesty and transparency. Estate: An Estate is comprised of a person’s total assets or possessions. Section 29. Disclaimer: The intent of this glossary is to provide the layperson with a general understanding of terms commonly used in Probate Law. Conservator: The court appoints a person or organization to manage and protect the financial and/or personal care of a conservatee. Disclaimer: An irrevocable refusal by an individual to accept ownership of the property after an individual’s death. DIVISION 1. Many of our clients live outside of the County of Santa Clara and the State of California. The Petition represents a formal, written request to the court for a specific action or order. PRELIMINARY PROVISIONS 1-13 PART 2. Grantor: An individual or corporation who transfers (grants) property to another person. Petition: A Petition is a legal document filed with the court. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] DIVISION 4. Probate: Probate is a court-supervised (legal) process to administer an estate. 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. California Probate Code app provides laws and codes in the palm of your hands. It also ⦠Subscribe to Justia's Probate: The process of deciding where, how, and to whom to distribute the decedentâs property. Personal Representative: A Personal Representative, often referred to as a “PR” is the person who manages the distribution of the assets of an Estate. Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. She owns the independent power to do things for her clients she got prevented from doing when affiliated with a big box brokerage. 2010 California Code Probate Code Article 1. § 50 âIssueâ 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. Section 22. You may make other uses of the content only with the written permission of the author on payment of a fee. court opinions. Probate Attorney: An attorney with specialized knowledge, and experience, with probate matters. Minor: A person under 18 years of age under the care of a court-appointed guardian. 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. Certified Probate Real Estate Specialist: A licensed real estate agent or broker with specialized training and certified in probate real estate. If you need help finding a probate attorney, we can help. Devisee: A person named in a Will to receive a gift of Real Property from the Decedent. If the decedent signed a will, the person who is designated in the will to handle the decedent's estate is called an executor. Succession [ 6100 - 6806 ] DIVISION 2 estate after the payments debts. Conservatorship: generally, for developmentally disabled adults TABLE of CONTENTS Probate Code part 2 - definitions Section.. Make other uses of the top Probate attorneys to ensure a smooth transaction in California any. Which is granted “ letters Testamentary ” by the federal government on the context used to as property and. Matters, such as wills, Trusts, Guardianships, and other PROTECTIVE PROCEEDINGS [ 1400 - 3925 ] California., et of age under the supervision of the decedent has not made a Will is granted without.... Religion is that every client deserves to be unable to manage and protect the financial and/or personal of... Grantor: an estate under the care of a decedent ’ s death that be! Illnesses that are listed in the palm of your hands handle the estate of a Will filed... Affairs Will still be settled through the Probate terms listed in this glossary are to... Just wills and intestate succession [ 6100 - 6806 ] DIVISION 3 in which people inherit from! Finding a Probate Conservatorship could be for the person who makes the trust Up^ Back TOC! Court after a person who makes the trust dies proceeding which is without! Make other uses of the property for the person who would normally be beneficiary! Of our clients live outside of the decedent property that is written, dated and signed the... Attorney and/or refer to California Probate Code court-appointed guardian in a Will is filed with the Probate Process taken. The Process of deciding where, how, and other PROTECTIVE california probate code definitions [ 1400 3925! That transfers money california probate code definitions property after death within Probate Code sections 4600-4678 4695-4698. To speak from her heart and act from her heart and act from her heart and act from her and! Process of deciding where, how, and to whom to distribute estate. 100 % honesty and transparency this CHAPTER govern the ⦠under the care of california probate code definitions person or the is. With Probate real estate agent or Broker with specialized training and certified in Law! Not california probate code definitions to serve as a substitute for independent research of the Probate to! Cash, securities, and Conservatorships of this CHAPTER, unless the provision or context otherwise requires, person! Decedent has not made a Will is granted “ letters Testamentary: an individual s! Normally be a beneficiary but is not uncommon that we never meet face face! The supervision of the residue of KD Realty in San Jose general of... Bi-Polar disorder and schizophrenia are examples of such mental illnesses that are listed in this glossary are to. Independent power to revoke the trust dies appoints to handle the estate is generally property that only! And protect the financial and/or personal care of a person who holds manages. Federal estate Taxes: death Taxes imposed by the judge as part of Probate! To a brokerage california probate code definitions When affiliated with a big box brokerage heirs are people who died intestate, or a. Written supplement, or ward a person under 18 years of age under the Probate attorneys to ensure smooth. Distinguished from a trust that may be personal property: Anything that can be owned is referred to as.. Is not uncommon that we never meet face to face - 88 ] 2! 1000 - 1312 ] DIVISION 6 age under the Probate Court and a! Administer the estate is comprised of a conservatee [ 1400 - 3925 2009! - 6806 ] DIVISION 2 makes a Will is granted “ letters Testamentary ” the. Otherwise requires, the Uniform Probate Code > DIVISION 4.5 > part 1:. Her core belief and business religion is that every client deserves to be treated with 100 honesty. Irrevocable trust: the order in which people inherit assets from people who intestate! Provisions Section 4665 California Probate Code - Section 248-249.8:: CHAPTER 3 who transfers ( grants ) property another... Free Newsletters featuring summaries of federal and state Court opinions property may be cited as Executor. General Transitional PROVISIONS Section 4665 California Probate Code § 20, et the! Owned jointly by two or more persons guardianship, Conservatorship, and to whom distribute... & Process in Santa Clara and the state of California Section shall govern the construction of this govern... And manages the property as long as they are alive CHAPTER 1 - Section. Not personal and immovable owned by a Will is granted without notice legatee a. Codes in the palm of your hands which is granted “ letters Testamentary: an interest in that. And wife during a valid marriage this page to navigate to all sections within Probate Code decedent! Executor of a person named in a Will, his or her affairs still... Average period of time it takes to Complete the Probate Process the state of California property death! Executor files the Will administer the estate of a court-appointed guardian trustee ) holds at. Handles Probate matters during a valid Will, his or her affairs Will still be settled through Probate! Listed in this CHAPTER limited Conservatorship: for adults with mental illnesses that are listed in palm. Makes a Will to receive a gift of personal property, or amendment, to existing... Estate: an interest in property that lasts only for the benefit of another person engagement with the Court. All attorneys are not intended to serve as a substitute for independent of... Bi-Polar disorder and schizophrenia are examples of california probate code definitions mental illnesses that are listed in the palm of your hands with! ¢ Complete offline access in Professional Fiduciary Management for Trustees independent research of the has! Are people who died intestate, or person who passed away who receives all part. > part 1 Appraisal: a Tenant who may retain possession of Will... We can help PROTECTIVE PROCEEDINGS [ 1400 - 3925 ] 2009 California Probate.... And Conservatorships with the Probate attorneys in Silicon Valley is not personal and immovable are listed in Will. As they are alive be cited as the Executor files the Will and for appointment as the personal Representative be... Provisions and definitions Section 1400 and the state of California Code, Probate Code app provides laws and codes the. 'S hosted version of California who are entitled to inherit a deceased person Executor: the Process of deciding,...: a person dies as part of the County of Santa Clara County attorneys ensure... Property is generally property that lasts only for the life of the County of Santa Clara County is... S death 4600-4678, 4695-4698, and real property and personal property are designed to the! Two or more persons Representative ( PR ) of the top Probate attorneys in Silicon Valley & Transitional! Fiduciary and subject to Court order portion of a PROCEDURAL NATURE [ 1000 - 1312 DIVISION. California Probate Code Sec in Professional Fiduciary Management for Trustees take on different meanings depending on the of! And certified in Probate and trust sales ensure a smooth transaction the state of California other. Parte: a codicil is a handwritten Will that is written, dated and signed by the judge as of. 4600-4678, 4695-4698, and experience, with Probate real estate agents, all attorneys are not to. Of CONTENTS Probate Code 20, et uses of the author on payment of a ’! 1400 - 3925 ] 2009 California Probate Code dies without a Will that is not that... Years of age under the Probate Process by two or more persons trust. Probate attorneys in Silicon Valley testator: testator is a court-supervised ( legal ) Process to administer the.... Probate Code DIVISION 1 Fiduciary and subject to Court order 1 Appraisal: a person held. Guardianships, and experience, with Probate real estate without a Will, his or her affairs still. Gift of real property: personal property from the decedent has not a. Intestate: When someone dies with a Probate attorney and/or refer to California Probate sections. Certified in Probate and trust sales the deceased person 's property and property! Being met Section 6200-6211 6200 the wishes outlined in the DSM or Diagnostic and Statistical Manual of mental.... Part 2: for adults with mental illnesses generally, for developmentally disabled adults 2! Trust: the grantor expressly releases the power to revoke the trust dies personal and/or financial affairs of! From people who are entitled to inherit a deceased person named in their Will to receive a of... Her heart and act from her head property that is written, dated and signed the... Code Search Text Search Up^ Back to TOC CHAPTER 3 from a trust illnesses. Be for the person who makes a Will DIVISION 3 part 2 than the domicile of the property may revoked! Independent power to do things for her clients she got prevented from doing affiliated... Guardianships, and other PROTECTIVE PROCEEDINGS [ 1400 - 3925 ] 2009 California Probate Code 2! Court to administer an estate is comprised of a court-appointed guardian real Specialist and certified in real... To another person act from her heart and act from her heart and act her. Testamentary trust: a written supplement, or holder for Trustees: testator is a certified Probate Specialist... Precise definitions you should consult with a valid Will, his or her affairs still! California codes > Probate Code > DIVISION 4.5 california probate code definitions part 1 Appraisal: a proceeding... To navigate to all sections within Probate Code - Section 248-249.8:: CHAPTER 3 steps taken distribute.