Legal Documents 101
What is a probate, revocable trust, or will? How are these documents filed in California? Who has the power to file on your behalf? If you’re not a licensed lawyer or you do not have a law background, constructing bare skeletal answers for these questions can be difficult in the spur of the moment. Thankfully, there are licensed California family law forms that can help you understand these documents and file on your behalf if necessary. Let’s start with the first question.
Probate
A probate is the process of administering a decedent’s estate. The process includes written notice to all debt collectors and creditors, giving notice of the individual’s passing. Valid debt and tax claims are to be paid by the decedent’s assets prior to being distributed and the probate estate being settled. For instance, if a San Francisco resident passes away and the probate of this person’s estate commences, the probate must follow these steps: Initial filing for the probate of the will or administration if no will is present at time of death Financial inventory of the estate must be complete and payment of its bills made Distribution of the remaining assets can be made
Revocable Living Trust
A revocable living trust in the State of California is designed to distribute your assets amongst loved ones, ultimately eliminating the cost and potential delay of a probate. Such documents are referred as a Declaration of Trust or Trust Agreement. Benefits of these documents include quick and inexpensive transfer of property, reduction of estate taxes, control over how property is to be transferred, private records as opposed to public record probates, and the ability to revoke or amend at any time in your lifetime.
Will
A will is the legal document that gives you the control to choose who will receive your assets when you pass away. Should you were to pass and your children were still minors, your will would act to nominate a guardian on their behalf. It is required that you appoint a last will and testament California to oversee the distribution of your assets. Should you wish to change the contents of a will, you must rewrite and file the will authorizing the revocation of all previous wills. For instance, if you are a resident of San Francisco, legal document assistants can assist in the drafting and filing of wills but are unable to handle the probate process that would be conducted in San Francisco after your passing.
Other Services Child Custody Forms
Should you be going through a divorce and require assistance preparing and filing child custody forms in the State of California, a licensed California legal document assistant can be retained to serve on your behalf. They cannot appear in court but they can file the documents at your discretion.
Deeds
The transferring of property in Alameda County can be difficult to wade through alone, but with the help of a Alameda County court forms assistant, your deeds will be written and filed upon your request. It is your responsibility to select the form appropriate for your needs.