Probate Document Filing
All County Documents prepare Probate Petitions, Probate Accounting, Small Estate Probate; Affidavit for Collection of Personal Property and Affidavit regarding Real Property of Small value, Petition to Determine Succession to Real and Personal Property and Spousal Property Petitions. These processes ultimately transfer assets of the estate to heirs or beneficiaries. Of course, there are other methods to choose from, which depends on the value of the estate and our experienced Paralegals can assist you with their knowledge in probate filings. We can also assist in preparing Guardianship and Conservatorship papers, which can be complicating and time-consuming if you are not familiar with the court procedures.
Conservatorship and Medical Conservatorship
A conservatorship is a court case in which a judge appoints a family member, friend or other responsible person (called a conservator) to care for another adult who cannot care for him or herself (called a conservatee). Once you are appointed conservator, you are legally responsible to provide care for the conservatee’s daily needs. There are many types of conservatorship like Medical Conservatorship or Financial Conservatorship.
Three types of CONSERVATORSHIP actions
General Probate Conservatorship
For adults who are unable to provide for their personal needs due to physical injury, dementia or other reasons rendering them incapable of caring for themselves or making them subject to undue influence.
This is only for a person who is developmentally disabled. In this type of conservatorship the powers of the conservator are limited so that the disabled person may live as independently as possible.
LPS (Lanternman-Petris-Short) Conservatorship
This is for a gravely disabled person who may be a danger to themselves or others and requires hospitalization in a psychiatric facility. An LPS conservatorship requires the annual reappointment of the conservator. A person under an LPS conservatorship may be placed in a locked facility. There are many extra protections in LPS conservatorships to insure that the conservatee’s civil rights are not being violated.
GUARDIANSHIP – Paralegal online Guardianship filing
A guardian is someone who takes care of a child’s needs. This typically includes such things as shelter, education, food and medical care. Guardians also usually manage the finances of the child.
A guardianship is a legal relationship between a minor child and a guard that gives the guardian certain rights and obligations regarding the child. A guardianship does not sever the legal relationship that exists between a child and his or her biological parents, however, instead, it co-exists with that legal relationship.
Some reasons that you may seek to obtain guardianship may be if a child is living with you, who is not your own, and you plan on taking care of the child on a long term basis, then you should consider becoming a guardian. Without guardianship, you will have difficulty getting medical care for the child, enrolling him or her in school, as well as a host of other problems.
PROBATE PETITIONS – Paralegal online filing
If your loved one passed away without leaving a will, in California, you would be required to file a Petition for Letters of Administration with the Probate Court, asking that the court appoint an administrator to act as personal representative of the estate. You can petition the court asking that you be appointed or you could nominate someone else.
If your loved one passed away leaving a Will and named an executor, in California, you would file a Petition for Probate of Will and for Letters Testamentary. The executor is responsible for conducting an inventory and accounting, distribution of the estate’s assets and paying the estate debts and taxes.
If there was a Will, but it did not name an executor, in California, the court would appoint an Administration with Will Annexed. The Administrator would be responsible with the same duties as an executor, with limited authority in carrying out the administration of the estate and would require court approval before taking certain actions.
SMALL ESTATE PROBATE – Paralegal online filing
If your loved one had a small estate, in California, a small estate is considered anything under $150,000.00 and no real estate, such as bank accounts, insurance, property in storage, these can be collected by the heirs using a notarized Small Estate Affidavit, which would not require you to go to court.