Petitions In California Courts For Probate

December 19, 2011 by Mitchell A. Port

There is a variety of petitions I may file in a California probate Court related to trusts. Here is a list of some of them:

Spousal Property Petition (discussed in more detail below)

Petition to Establish Creditors Claim Rrights

Petition to demand a copy of the trust

Petition to demand an accounting

Petition to confirm assets into trust

Petition for Breach of trust

Petition for heirship

Petition for appointment of trustee

Petition for removal of trustee

Petition to Determine Validity of Trust Amendment

Petition for instructions

A Spousal Petition is often the most economical way to transfer property to the surviving spouse. California Probate Code Section 13500 refers to property passing to the surviving spouse without administration. It specifically provides for distribution to the surviving spouse by will or by intestate succession “and no administration is necessary.” It is true that administration is not necessary if the property is personal or jointly titled. However, if the asset is only in the decedent’s name or is real property held in community property without also providing “with right of survivorship”, then a spousal property petition, pursuant to California Probate Code Section 13650, is likely going to be required to clear title to the assets.

Call a California probate attorney for help. Call Mitchell A. Port at 310.559.5259.