Question 1

What is the difference between probate and a trust?

Accepted Answer

Probate is a court-supervised process used to transfer a deceased person’s assets. A trust can often avoid probate, making the transfer process much faster and usually much less expensive.

Question 2

What is the difference between full authority probate and limited authority probate?

Accepted Answer

Full authority probate generally involves less paperwork and allows the estate representative to handle more tasks without repeated court approval. Limited authority probate usually requires more paperwork, court approval for certain actions, and may involve an overbid process when selling property.

Question 3

What is the difference between an administrator of an estate and an executor of an estate?

Accepted Answer

An executor is named in a will to manage the estate. An administrator is appointed by the court when there is no will or no executor available.

Question 4

What is the difference between a petitioner and a personal representative?

Accepted Answer

The petitioner is the person who files the probate case with the court. Often, the petitioner and the personal representative are the same person. However, the personal representative is the person officially appointed by the court to manage the estate.

Question 5

Does real estate in California have to go through probate if there is no trust?

Accepted Answer

If a person owned real estate in California and did not have a trust, the property will most likely need to go through probate.

Frequently Asked Questions

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