What are the type of cases in probate in Fontana, Ontario & Rancho Cucamonga cities of California?

1. Formal Probate
2. Small Estate Probate
3. Spousal Property Petition
4. Muniment of Title
5. Summary Probate
6. Contested Probate Cases
7. Intestate Succession or Probate for Estates without a Will
8. Ancillary Probate

You can get in touch with us by filling the following form:

Or you can get in touch with Law Office of Antoniette Jauregui on 909-890-2350 / clicking here for probate cases and discussion.

• • Formal Probate: This is the most common type of probate in California. Formal probate involves a court-supervised process for distributing a decedent’s estate, paying debts, and resolving disputes.
    It applies to estates valued over $184,500 (as of 2023, but this threshold may change over time).
    It typically includes appointing a personal representative or executor, validating the will (if there is one), collecting assets, paying off debts and taxes, and distributing remaining assets.

• • Small Estate Probate: California allows for a simplified probate process if the estate’s value is below the threshold amount (currently $184,500) and doesn’t include real property.
    Small estates can sometimes bypass formal probate through methods such as:
    Affidavit for Collection of Personal Property: Allows heirs to collect the deceased’s personal property, such as bank accounts or vehicles, without court involvement, provided the estate is small and does not involve real property.
    Small Estate Set-Aside: Allows for distribution without formal probate if the estate is below a certain threshold and is being distributed directly to a surviving spouse, children, or other heirs.
  • Spousal Property Petition: In cases where the decedent was married or in a registered domestic partnership, the surviving spouse or partner can use a spousal property petition to transfer or confirm ownership of property.
    This is a streamlined procedure that doesn’t require full probate and is often quicker.
    The petition can apply to both community property (assets acquired during the marriage) and separate property.
  • Muniment of Title: This is a less common probate proceeding that may be available when a will exists and the estate contains only real property.
    The purpose is to establish clear title to real property in the name of the rightful heirs without going through the entire probate process.
  • Summary Probate: Summary probate is available for estates that qualify under specific criteria, such as estates left to surviving family members that meet statutory requirements for faster processing.
    This type of probate is also faster than formal probate but is only available for certain types of cases and asset distributions.
  • Contested Probate Cases: These involve disputes over aspects of the probate process, such as the validity of the will, disagreements among heirs, or disputes regarding the executor’s actions.
    These cases can result in litigation if parties cannot reach a resolution, and they tend to be more time-consuming and complex than uncontested probate cases.
  • Probate for Estates without a Will (Intestate Succession): If a person dies without a will, their estate is distributed according to California’s intestate succession laws, which prioritize spouses, children, and other close relatives.
    This probate process follows similar steps as formal probate but distributes the assets based on the statutory guidelines, not a will.
  • Ancillary Probate: Ancillary probate is required when a non-resident of California dies owning real property in California.
    It allows the out-of-state executor or administrator to handle California assets under California law.
    Each type of probate case involves different levels of court involvement and complexity, so it’s important to choose the most appropriate one based on the estate’s specifics.

Get in touch with Law Office of Antoniette Jauregui on 909-890-2350 or by clicking here for probate cases in Fontana and discussion.

Please refer to the terms and conditions as well as privacy policy.