Ca Probate Form For Trust
Description
How to fill out California Uniform Statutory Power Of Attorney - Property - Finances - Section 4401?
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FAQ
In California, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
When a trustee dies leaving real property to beneficiaries, the successor trustee can use an Affidavit Death of Trustee and a Quitclaim Deed to transfer the real property to the new owners. The instructions explain exactly what to do, including how to complete, notarize, and record both forms.
If all your property is in trust when you die (or become incompetent), then legally you don't own anything in your name. This means, if you die, no probate (formal court administration of a decedent's estate) is needed to pass your property on to your beneficiaries.
How long does probate take? California law says the personal representative must complete probate within one year from the date of appointment, unless s/he files a federal estate tax. In this case, the personal representative can have 18 months to complete probate.
You can complete probate on your own, but an attorney can make the process easier.