Avoid these costly and time-consuming errors when settling an estate. Each pitfall includes the relevant California Probate Code section so you can verify the requirements.
This information is educational. Consult an attorney for specific legal advice.
Avoid These Costly Mistakes
Each pitfall below is backed by California statute citations so you can verify the requirements yourself.
Quick Reference Tips
Respect the waiting periods
40 days for small estate affidavit, 6 months for real property affidavit. These are firm requirements.
Calculate fees BEFORE starting
California statutory fees can be substantial. Know what you're committing to.
Community property is different
In California, assets acquired during marriage may pass directly to spouse without probate.
Beneficiary designations override wills
Retirement accounts, life insurance, and POD accounts go to the named beneficiary regardless of what the will says.
Keep careful, detailed records
Document every transaction. The court can require a full accounting.
Sources: California Probate Code | California Family Code (Community Property) | California Civil Code (Joint Tenancy)