Probate (The Rutter Group California Practice Guide)

The Rutter Group’s California Practice Guide: Probate contains expert guidance through the probate process, from premortem planning to opening probate through to creditor claims, distributions, and discharge. It also includes a thorough treatment of non-probate alternatives, spousal set-asides, and estate and fiduciary income taxes, and extensively discusses will contests and other probate litigation.

The text integrates local rules; cites the latest cases available, plus statutes and rules of court; and features illustrations that are based on actual cases.

Contents cover:

• Preliminary considerations
• Alternatives to probate
• Commencing probate proceedings
• Spousal/domestic partner set-asides; passage of property to a surviving spouse or registered domestic partner without administration
• Office systems and procedures
• Marshaling and inventorying assets
• Family protection
• Creditors’ claims
• The Independent Administration of Estates Act
• Federal estate tax
• California estate tax
• Deathbed and postmortem planning and fiduciary income tax considerations
• Obtaining and investing funds for the estate; preserving assets of the estate
• Special problems in probate administration
• Litigation
• Accountings, distributions, compensation, and discharge

Each topic and procedure is developed step by step, showing you what, when, where, and how to proceed. You’ll also find proven strategies, tactics, and time-saving tips from experienced practitioners and sample practice-tested forms with comments and suggestions for their use.