Los Angeles, CA asked in Probate for California

Q: Parties of probate have agreed on terms. How do i dissolve,withdraw or finish probate with clear title

Related Topics:
1 Lawyer Answer
David L. Crockett
PREMIUM
David L. Crockett
Answered
  • Probate Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Assuming this is a CA probate court proceeding, the way to finish the probate is to prepare a final report and accounting and submit it to the court for hearing. The point of the hearing is to see if anyone has any objections and if not then the Judge will sign an order to distribute the property. Once the order is signed, the Executor/administrator signs and executor's deed and records it with the county recorder to transfer legal title to the heirs mentioned in the order to distribute the property.

Even though all parties agree on terms, it is still up to the court to approve it partly because the legal claims period with respect to creditors have to be satisfied and the taxes have to be paid and depending upon the size of the estate a tax clearance letter may be needed.

Actually having clear title may involve obtaining a policy of title insurance as well.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.