Bernie Stephan, Eco Realty - A GUIDE TO SELLING AN INHERITED HOME

even if its terms might seem unreasonable or unexpected. For example, someone of sound mind, or testamentary capacity, has the legal right to leave their entire estate to a charity or a pet, bypassing children or other relatives. When the maker of the will is the sole owner of a home, they hold full authority to decide who inherits the property. The individual responsible for carrying out these instructions is known as the executor. This person, named in the will or appointed by the court, ensures that the deceased’s wishes are honored and oversees the necessary steps to transfer property titles. A properly executed will simplifies the inheritance process and makes it far less susceptible to disputes. Without a will in place, intestate succession laws determine how the property is distributed, often requiring court involvement to resolve issues or appoint an administrator. The word “probate” often carries negative connotations, but the process in California doesn’t have to be excessively difficult or time-consuming, especially for smaller estates. Estates valued at less than $184,500 may qualify for a streamlined probate option, allowing heirs to bypass formal probate proceedings through simplified affidavits or summary procedures. For larger estates, probate typically involves filing the will with the court, notifying heirs, and validating the will through formal court proceedings. California law provides two main types of probate proceedings: formal probate and simplified probate for smaller estates. In formal probate, the court oversees the executor’s activities, including the appraisal of assets, payment of debts, and distribution of the remaining property to heirs. This process can take several months to over a year, depending on the complexity of the estate and whether disputes arise. However, if the estate qualifies for simplified procedures, heirs may only need to complete affidavits or petitions to transfer property without

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