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Section 8544 provides the special administrator with so-called ?limited powers? to do the following: ?(1) Take possession of all of the real and personal property of the estate of the decedent and preserve it from damage, waste, and injury; (2) Collect all claims, rents, and other income belonging to the estate; (3) ...

Ing to California Probate Code § 8000, any person interested in a decedent's estate has the legal right to request that a court open a case. Interested parties may include named heirs in a will, nominated executors of estates, or family members of the deceased.

Full "probate" is ONLY required by law if the person who dies, with or without a will, (1) owned real estate (not just a life use) that does not pass by the deed to the "surviving" joint owner, OR (2) owned $40,000 or more of other assets that also don't pass by beneficiary or joint ownership to another person.

Petitioner is a nominee of a person entitled to Letters. (Affix nomination as Attachment 3g(2)(b).) Petitioner is related to the decedent as (specify): Appointment of special administrator requested.

All claims are required to be presented in written statements on the prescribed form (FORM #371ES) indicating the name and address of the claimant, the basis of the claim, the amount claimed, the date when the claim will become due, the nature of any uncertainty as to the claim, and a description of any security as to ...

The petitioner is the personal representative (either an executor or administrator) who signs the petition. This probate procedure usually takes eight to twelve months, but can take longer if there are complications.

What Happens If I Sign the Waiver and Consent Document? If you sign the Waiver and Consent, you are stating that you agree that your mother's Will is a valid and that you consent that the person nominated in the Will may be appointed as the Executor of the Estate.

If you have made a will, after your death the will is presented to the court in a probate proceeding. Probate is the court process where, after your death, the terms of your will are approved by a judge, and your assets, property and possessions are given out to your beneficiaries after your debts are paid off.

Any person may waive their right to be personally served, and they do that by signing a Waiver of Citation. A Waiver of Citation is an affidavit in which the sued person essentially says, ?I waive my right to be personally served, and enter my appearance in this case?.