California Small Estate Post Death Transfers Tip Sheet by Mark W. Bidwell


(PRWEB) June 28, 2013

Heirs of a relative who has died with assets much less than $ 150,000 can get the assets of the decedent without having probate or with a probate shortcut. An overview of California Small Estate administration is supplied in this tip sheet by Mark W. Bidwell, a California lawyer.

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Stock and bank accounts can be transferred by a declaration submitted to the financial institution holding stock or bank account. Actual property valued at significantly less than $ 50,000 can be transferred by affidavit filed with the Superior Court of California. True property valued a lot more than $ 50,000 but much less than $ 150,000 can be transferred by 1 court hearing.

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An really effective tool to collect the bank and brokerage accounts of a relative who has died is California Probate Code

How the County Recorder and a Living Trust Avoid Probate of Genuine House by Mark Bidwell


Irvine, California (PRWEB) Could 29, 2013

Essential to avoiding probate of genuine home and genuine estate is to file quit claim deeds and affidavits with the County Recorder. Mark W. Bidwell, a California attorney, explains documents necessary to fund the trust even though living and documents necessary to distribute actual home on death.

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The state of California maintains databases of real house and genuine estate ownership by county. The owner of record in the county database is final and can not be disputed. To transfer ownership of true house the owner of record should sign a deed and file the deed with the County Recorder.

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The problem happens when the owner has died and can’t sign a deed. The County Recorder can transfer true house owned by a decedent only by order of a probate judge of the Superior Court of California.

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Probate Court can be avoided when real home is owned by an men and women trust. California law authorizes the County Recorder to transfer property out of the trust owned by an person who has died by affidavit and deed.

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Very first an affidavit of death of trustee with a death certificate attached is filed with the County Recorder. An affidavit is a sworn statement administered by a notary public that the details stated in the affidavit are true. The notary does not have to verify the facts stated in the affidavit. The notary does have to verify the identity of the individual and document the swearing.

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The affidavit states who died particulars on the prior recording to fund the trust and most importantly, who is authorized under the terms of trust to sign and record documents with the County Recorder. The affidavit is recorded with the County. As a outcome a new individual steps into the decedents footwear and can act on behalf of the decedent.

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The second step is to transfer the genuine property out of the trust and to the beneficiaries of the trust. This transfer is completed by a quit claim deed. Beneficiaries are men and women named in the trust who are to acquire the home of the trust. A quit claim deed transfers ownership as is with no warranties of title or debt.

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Probate is a court action with all the safeguards, protection and red tape that comes with public adjudication. A trust is a private action between people with tiny government more than website or protection. As a result trust transfers of actual home are far more effective.

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Probate takes about 1 year, price thousands of dollars and is open to the public. Trust administration requires about 1 month, charges hundreds of dollars and is private. But to steer clear of probate the actual property must be transferred into the trust although the owner is living.

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Deed and Record is an on-line service to prepare quit claim deeds and affidavit of death of trustee for actual home transfers into or out of living trusts. The Web Service records deeds and affidavits death of trustee it has ready with the County Recorder. Deed and Record does not supply legal advice or services.

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Deed and Record markets by way of websites, mostly, DeedAndRecord.com. The owner of the web sites is Mark W. Bidwell, Attorney at Law and CPA Inactive. Office is situated at 18831 Von Karman Avenue, Suite 270, Irvine, California 92612. Telephone number is 949-474-0961. E-mail is Mark(at)DeedandRecord(dot)com.

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