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To begin the probate process in California, you must first determine if probate is necessary based on the deceased's assets. If so, file the appropriate petition and required documents according to the California trust probate code with section 9600. Utilizing services like US Legal Forms can simplify this initiation and help ensure you meet all legal requirements.
(a) The personal representative has the management and control of the estate and, in managing and controlling the estate, shall use ordinary care and diligence. What constitutes ordinary care and diligence is determined by all the circumstances of the particular estate.
A: A Notice of Proposed Action essentially requires a beneficiary to ?speak now or forever hold their peace.? California Probate Code sections 16500-16504 permit a trustee to give notice to the beneficiaries of a trust that the trustee intends to take (or not to take) some kind of specified action.
Specifically, the personal representative must list their name, address, and phone number in the probate form. Next, the representative must fill in the probate court name and location. In the Petition for Section, if the decedent has a will, the personal representative will mark one of the first two boxes.
California Probate Code 16062 gives beneficiaries the right to demand an accounting at least annually from the trustees. Trustees must also provide an accounting within 60 days if a trust beneficiary demands an accounting in writing.
Per California probate code sections 16060 and 16062, trustees must: Keep beneficiaries 'reasonably' informed about how they manage the trust. Provide an accounting at least once annually. Provide an accounting at the termination of a trust or when a trustee changes.