You saved my life! Thank you SOOOOO much for this! Your instruction helped me learn so much, and I am so grateful I don't need to hire someone to file/fill out these! Thank you, thank you, thank you!!!
I really have learned a lot from your video's and am very grateful to you for taking the time to make and post these. I am about done with my mom's probate, but as I was getting ready to file the Final Petition, I found an error on this DE-160 form, and now I have more questions. Anyways, Thank you very much for all you guys do.
Very informative video Attorney Keith Davidson-- well done! I do have a troubling question that I am currently facing and would love to hear your answer based on the following facts: Decedent passed away intestate. He left a young wife and one young child (three other adult children were left from a previous marriage). He married his most recent wife in Mexico to avoid having to pay an attorney for a prenuptial agreement. Apparently, in Mexico, on the date of marriage you can request that the marriage certificate contain a clause that states all marriage assets shall be deemed separate property as opposed to community property. After the marriage to his new Mexican wife, Decedent purchased a home in California as an "unmarried man". He lied when he purchased home because he purchased it as an unmarried man when he was already married. He apparently did so in an attempt to keep his home as his separate property. My question now is whether the home purchased in California by the decent during his marriage with his Mexican wife is deemed or will be deemed his "separate property" or is it or will it be deemed the marriage's "community property"? In short, does the Mexican Marriage Certificate control and determine the nature of the property even though Decedent purchased property as an unmarried man when he was actually married? I am assuming that if the property is deemed surviving spouse's "community property", she should receive 50% of property's appraisal plus 20% share from decedent spouse's separate property. If the property is deemed decedent's separate property based on Mexican Marriage Certificate, only one-third will go to surviving spouse with the remaining two-thirds to be divided amongst four surviving children. Your thoughts will be greatly appreciated! Thanks, in advance, for your response! My direct email is treatgleason@comcast.net
Your videos are so fantastic---thank you! I've just been appointed Administrator and now working on the Inventory & Appraisal (I&A) form. The intestate Estate is just 1 savings account and 1 home. What is confusing is if I list the value of the savings account as of date of death (or, should it be date of Probate Order?) on the I&A, then when the First and Final Account and Petition for Order is submitted some weeks later, would the value of the savings account be updated for the interest income? This is a 20K account and 4 siblings. Thank you again for making your videos available---they've been so helpful!
Thank you! You always use the date of death values on the I&A. It is just a snapshot in time of the starting values for the estate. Any increase in account value is shown on the accounting as interest receipts. Hope that helps.
Your videos have been a life saver. Thank you so much. I do have one question. On this form, DE-160 I had to do a partial, in order to sell a property. And now I have to do a second, which will include everything else. What box should I check on the second? Will it be Final? And I don't add the already completed property to that one, do I? Thank you so much.
Usually you would select final. You usually do not add the prior property to the final inventory because you already did that with the first inventory. You'll need to be sure all of the property is listed on your accounting if one is required.
Never hurts to include attachment 1 and simply type in the word "None." Can stop later confusion with the court. Not required, but that's how we do it.
Very informative. And it wouldn't hurt to become informed, as a natural heir, of someone's (usually parents) intentions about leaving you an inheritance. In the instant situation, I didn't discover the devastating contents of a will, written in 2005, until 2021. Apparently far too late for Albertson & Davidson to help me.
Thank you for your video clips. They are very helpful. For #5, what if the decedent owned a real property at time of death. The property is NOT being probate because it is owned jointly with a spouse in a trust; a change of ownership has already been completed with the county recorder. Do I mark (a) or (b) for #5? Thanks.
It sounds like the decedent did not own real property. If the real property was titled in the name of the Trust, then the Trust owned the real property, not the decedent. As always, check with a lawyer to answer your specific question.
As for #5... Seems like a few of us were confused about the same thing. Would the affidavit be valid if the decedent did own real property and a change of ownership statement wasn't satisfied? Or if #5 was left entirely blank, would a person be able to just check with the county recorder?
You need to check one of the boxes on #5. You can check with the counter recorder or you can simply file a Change of Ownership Report. Be sure to speak with a lawyer about your specific issue.
Additionally, Form DE-161 has a set of fields for "Page: ___ of ____ total pages." How are these fields properly populated when submitting both Attachments 1 and 2 collectively? The probate referee only populated "Page: 1 of ____ total pages" on Attachment 2, so must we fill in as Page: 1 of '2' total pages, since the Attachments 1 and 2 are being submitted together with Form DE-160 Inventory & Appraisal? (The clerk took issue with "___ total pages" on Attachment 2being left blank as well) Thanks
I haven't been assigned a referee. Do I need to request one? A beneficiary is threatening to have me removed if I don't file the inventory within 4 months of receiving letters.
I'll start by saying thank you for being so informative! I've spent thousands on a lawyer only for him to say "I need more money" and now my father's estate is left floating. My brother, James, stabbed him to death. There was money left behind to my brother, my sister and I. I am doing my best to try and claim what was left to my brother, now that he has been convicted of murder.
Can you please provide guidance on 1) including the Total on Form DE-161 for Attachment 1 (there is no field for this on the template, and a lot of the password-protected templates online won't allow users to create a field for it) yet the probate court literally returned the filing because "Attachment 1 was missing the total"
Generally speaking you will list a category called "personal property items" and give it a proposed value of some amount. if there is anything worth a significant amount, such as artwork, jewelry, collector cars, or the like, then those should be separately listed and appraised.
1. When sending the forms to the referee, do I need to include Attachment 1 with the cash inventory or just the DE-160 & #2 attachment? 2. Do I include the paid off car I inherited in the cash? * I’m an only child & I’m going to be filing a Waiver of Accounting. Ty!
Hello, I had a quick question regarding "statement about the bond" number 7. Will i enter the amount of the Estate it was originally purchased for? Thank you in advance for your assistance.
Number 7 asks for the amount of bond you have as an Executor. When an executor is appointed, the court sets the bond amount. That amount goes in number 7. The court will then determine if you bond amount is sufficient given the appraised value of the estate. Sometimes the bond is high and sometimes the bond is too low. If the court waived bond for you when you were appointed, then you use box 6. These are just general statements, you should seek the advise of a lawyer to review your specific form and set of circumstances.
I would like to know if and how I can pursue "no probate referee is required" box 4 Because there is only me and my brother and there is no money or stocks or anything like that, just things like-a bed, chester drawers, tv, lawn mower, things like that, and we have agreed to who gets what. Nothing is going to be sold. Just me and my brother why would we have to put a $ amount when we are keeping everything? Thank you very much for your kindness.
If all there is are the personal items you are describing, then you don't need to do a probate at all. Under Probate Code section 13100 any property that is worth less than $166,250 (as of 2024; this number is adjusted annually for inflation) can be transferred with an affidavit without filing for probate. If you already have filed for probate and you have to fill out the Inventory and Appraisal form, then you typically would just list all the personal property in a single group entry (like a list) and give it a total amount--something like $5,000. You would then send that off to the probate appraiser and they will sign off in it in most cases. It helps to call the appraiser first so you can discuss this with them. If you are in probate, only the probate appraiser can set a value on personal property items. The only thing the executor can "appraise" is cash. But again, you should consider bypassing probate with a Probate Code section 13100 affidavit. We only practice in California, so this is only applies to California probates. This is just a general description of how the process typically works. For specific advice on your problem, you should consult with a California probate attorney. Good luck and wish you all the best.
The tutorial begins with the scenario of filing a 'partial' inventory & appraisal, but then jumps into Page 2 and subsequent Attachment 2, which are completed by the appointed referee. It might make sense to file a "partial' inventory & appraisal, if appropriate, with assets that the petitioner/representative can appraise without a referee. Can you clarify what must be completed on Form DE-160 (along with Attachment 1) for a 'partial' inventory of only liquid cash assets, that do not require referee appraisal? For example, for 2. Total Appraisal by Referee, would you populate the amount with "In Progress"?
No, typically you would just check the box that you are filing a partial inventory and then include the assets that are partially inventoried. Sometimes, it is just Schedule 1, cash assets. Sometimes you would file a partial inventory of Schedule 2 assets that require a probate referee. It just depends on the type of assets involved.
If you are talking about a real property in probate, the deed cannot be transferred without a court order. That comes after the inventory and appraisal, and usually after the final petition to close probate. However, you may be able to sell the property before that. You should speak with a probate lawyer to answer your specific question. It gets a bit complicated at times.
If you have full authority under the IAEA, do you have to wait for the appraisal referee to return the form regarding the appraisal vale of the property before you can sell it?
Technically no because with full IAEA powers you can sell property without court approval. However, it is always prudent to have the appraisal come back before selling anything so that a beneficiary does not later argue that you sold something for less than its appraised value. You should talk with a lawyer for a specific answer to your question. This is just general information based on the facts provided in your question.
@@AlDavLaw Thank you for your quick response. I found that you tutorials are well done and extremely informative. I have subscribed to your site and look forward to more form tutorials. do you have a tutorial for a Final petition for Distribution? Cheers.
@@erniearevalos6079 Glad to hear our videos were helpful to you. We do not have a video on the final petition for distribution, but we will definitely consider doing a video on that sometime soon. Thanks for the input.
You need to either select the option that says there is no real property or the option that says you filed a change of ownership form with the assessor's office. The latter option is for estates where there is real property included.
Here is a link to a sample change of ownership form: www.boe.ca.gov/proptaxes/pdf/lta10038.pdf. Here is a link to our vlog discussing the form: www.aldavlaw.com/forms/california-preliminary-change-of-ownership-form/.
That's correct, but the probate referee usually doesn't mind if you help them out on items of small to no value. You should check with the probate referee assigned to your probate case to see how they prefer to handle the personal property items.
keith davidson - you are amazing and a life saver! Thank you SOOOOOOOOOOOOOOOOO much.
So happy we could help!
You are doing a great service to the legal community with these videos. Thank you sir!
Thank you! That's very kind of you to say. Glad you found the videos helpful.
You saved my life! Thank you SOOOOO much for this! Your instruction helped me learn so much, and I am so grateful I don't need to hire someone to file/fill out these! Thank you, thank you, thank you!!!
You are very welcome! So glad you found our videos helpful.
I really have learned a lot from your video's and am very grateful to you for taking the time to make and post these. I am about done with my mom's probate, but as I was getting ready to file the Final Petition, I found an error on this DE-160 form, and now I have more questions. Anyways, Thank you very much for all you guys do.
Hi Keith, Thank you greatly!!!! You are a blessing!!!!!!!!
Ok, thanks you've been a great help, couldn't have attempted this process without your assistance.
You are awesome and amazing! I am truly grateful for all your help! Thank you so much Albertson & Davidson LLP
We are so happy we could help! A little explanation is all you need to get through these otherwise confusing forms.
Very informative video Attorney Keith Davidson-- well done! I do have a troubling question that I am currently facing and would love to hear your answer based on the following facts: Decedent passed away intestate. He left a young wife and one young child (three other adult children were left from a previous marriage). He married his most recent wife in Mexico to avoid having to pay an attorney for a prenuptial agreement. Apparently, in Mexico, on the date of marriage you can request that the marriage certificate contain a clause that states all marriage assets shall be deemed separate property as opposed to community property. After the marriage to his new Mexican wife, Decedent purchased a home in California as an "unmarried man". He lied when he purchased home because he purchased it as an unmarried man when he was already married. He apparently did so in an attempt to keep his home as his separate property. My question now is whether the home purchased in California by the decent during his marriage with his Mexican wife is deemed or will be deemed his "separate property" or is it or will it be deemed the marriage's "community property"? In short, does the Mexican Marriage Certificate control and determine the nature of the property even though Decedent purchased property as an unmarried man when he was actually married? I am assuming that if the property is deemed surviving spouse's "community property", she should receive 50% of property's appraisal plus 20% share from decedent spouse's separate property. If the property is deemed decedent's separate property based on Mexican Marriage Certificate, only one-third will go to surviving spouse with the remaining two-thirds to be divided amongst four surviving children. Your thoughts will be greatly appreciated! Thanks, in advance, for your response! My direct email is treatgleason@comcast.net
Do you need to file this before selling a piece of real estate with full authority
Your videos are so fantastic---thank you! I've just been appointed Administrator and now working on the Inventory & Appraisal (I&A) form. The intestate Estate is just 1 savings account and 1 home. What is confusing is if I list the value of the savings account as of date of death (or, should it be date of Probate Order?) on the I&A, then when the First and Final Account and Petition for Order is submitted some weeks later, would the value of the savings account be updated for the interest income? This is a 20K account and 4 siblings. Thank you again for making your videos available---they've been so helpful!
Thank you! You always use the date of death values on the I&A. It is just a snapshot in time of the starting values for the estate. Any increase in account value is shown on the accounting as interest receipts. Hope that helps.
@@AlDavLaw Thank you! So grateful for your time and attention!
Your videos have been a life saver. Thank you so much. I do have one question. On this form, DE-160 I had to do a partial, in order to sell a property. And now I have to do a second, which will include everything else. What box should I check on the second? Will it be Final?
And I don't add the already completed property to that one, do I? Thank you so much.
Usually you would select final. You usually do not add the prior property to the final inventory because you already did that with the first inventory. You'll need to be sure all of the property is listed on your accounting if one is required.
Your channel is so helpful.
Hello, what if there is only just a house for probate and no cash assets? Do I still have to put attachment 1? Thank you.
Never hurts to include attachment 1 and simply type in the word "None." Can stop later confusion with the court. Not required, but that's how we do it.
Which attachment page would a promissory note of a specific dollar amount against a real property go on?
Very informative. And it wouldn't hurt to become informed, as a natural heir, of someone's (usually parents) intentions about leaving you an inheritance. In the instant situation, I didn't discover the devastating contents of a will, written in 2005, until 2021. Apparently far too late for Albertson & Davidson to help me.
Thank you for your video clips. They are very helpful. For #5, what if the decedent owned a real property at time of death. The property is NOT being probate because it is owned jointly with a spouse in a trust; a change of ownership has already been completed with the county recorder. Do I mark (a) or (b) for #5? Thanks.
It sounds like the decedent did not own real property. If the real property was titled in the name of the Trust, then the Trust owned the real property, not the decedent. As always, check with a lawyer to answer your specific question.
@@AlDavLaw Thank you so much for your prompt response. Your videos have been very helpful during my probate process. Grateful.
As for #5... Seems like a few of us were confused about the same thing. Would the affidavit be valid if the decedent did own real property and a change of ownership statement wasn't satisfied?
Or if #5 was left entirely blank, would a person be able to just check with the county recorder?
You need to check one of the boxes on #5. You can check with the counter recorder or you can simply file a Change of Ownership Report. Be sure to speak with a lawyer about your specific issue.
Additionally, Form DE-161 has a set of fields for "Page: ___ of ____ total pages." How are these fields properly populated when submitting both Attachments 1 and 2 collectively? The probate referee only populated "Page: 1 of ____ total pages" on Attachment 2, so must we fill in as Page: 1 of '2' total pages, since the Attachments 1 and 2 are being submitted together with Form DE-160 Inventory & Appraisal? (The clerk took issue with "___ total pages" on Attachment 2being left blank as well) Thanks
Could you do a video on what form to file when we choose to keep home and refinance? Thank you in advance
I haven't been assigned a referee. Do I need to request one? A beneficiary is threatening to have me removed if I don't file the inventory within 4 months of receiving letters.
You can call the court clerk and ask about the referee. Some courts are backed up and take a while to assign a referee.
I'll start by saying thank you for being so informative! I've spent thousands on a lawyer only for him to say "I need more money" and now my father's estate is left floating. My brother, James, stabbed him to death. There was money left behind to my brother, my sister and I. I am doing my best to try and claim what was left to my brother, now that he has been convicted of murder.
Can you please provide guidance on 1) including the Total on Form DE-161 for Attachment 1 (there is no field for this on the template, and a lot of the password-protected templates online won't allow users to create a field for it) yet the probate court literally returned the filing because "Attachment 1 was missing the total"
Hi, regarding personal assets, how far down do you list? Anything with value i.e kitchen items, clothing, small items of value? Thanks.
Generally speaking you will list a category called "personal property items" and give it a proposed value of some amount. if there is anything worth a significant amount, such as artwork, jewelry, collector cars, or the like, then those should be separately listed and appraised.
1. When sending the forms to the referee, do I need to include Attachment 1 with the cash inventory or just the DE-160 & #2 attachment?
2. Do I include the paid off car I inherited in the cash?
* I’m an only child & I’m going to be filing a Waiver of Accounting. Ty!
You should not need to send Attachment 1, but you can always call your assigned probate referee and ask. Each referee is a little different.
Hello, I had a quick question regarding "statement about the bond" number 7. Will i enter the amount of the Estate it was originally purchased for? Thank you in advance for your assistance.
Number 7 asks for the amount of bond you have as an Executor. When an executor is appointed, the court sets the bond amount. That amount goes in number 7. The court will then determine if you bond amount is sufficient given the appraised value of the estate. Sometimes the bond is high and sometimes the bond is too low. If the court waived bond for you when you were appointed, then you use box 6. These are just general statements, you should seek the advise of a lawyer to review your specific form and set of circumstances.
Albertson & Davidson LLP Much appreciated! thank you for your time!
I would like to know if and how I can pursue "no probate referee is required" box 4 Because there is only me and my brother and there is no money or stocks or anything like that, just things like-a bed, chester drawers, tv, lawn mower, things like that, and we have agreed to who gets what. Nothing is going to be sold. Just me and my brother why would we have to put a $ amount when we are keeping everything? Thank you very much for your kindness.
If all there is are the personal items you are describing, then you don't need to do a probate at all. Under Probate Code section 13100 any property that is worth less than $166,250 (as of 2024; this number is adjusted annually for inflation) can be transferred with an affidavit without filing for probate. If you already have filed for probate and you have to fill out the Inventory and Appraisal form, then you typically would just list all the personal property in a single group entry (like a list) and give it a total amount--something like $5,000. You would then send that off to the probate appraiser and they will sign off in it in most cases. It helps to call the appraiser first so you can discuss this with them. If you are in probate, only the probate appraiser can set a value on personal property items. The only thing the executor can "appraise" is cash. But again, you should consider bypassing probate with a Probate Code section 13100 affidavit. We only practice in California, so this is only applies to California probates. This is just a general description of how the process typically works. For specific advice on your problem, you should consult with a California probate attorney. Good luck and wish you all the best.
@@VincereStandFightWin Thank you very much, you just made my day.😃
The tutorial begins with the scenario of filing a 'partial' inventory & appraisal, but then jumps into Page 2 and subsequent Attachment 2, which are completed by the appointed referee. It might make sense to file a "partial' inventory & appraisal, if appropriate, with assets that the petitioner/representative can appraise without a referee. Can you clarify what must be completed on Form DE-160 (along with Attachment 1) for a 'partial' inventory of only liquid cash assets, that do not require referee appraisal? For example, for 2. Total Appraisal by Referee, would you populate the amount with "In Progress"?
No, typically you would just check the box that you are filing a partial inventory and then include the assets that are partially inventoried. Sometimes, it is just Schedule 1, cash assets. Sometimes you would file a partial inventory of Schedule 2 assets that require a probate referee. It just depends on the type of assets involved.
Can you transfer for deed before finalizing the appraisal?
If you are talking about a real property in probate, the deed cannot be transferred without a court order. That comes after the inventory and appraisal, and usually after the final petition to close probate. However, you may be able to sell the property before that. You should speak with a probate lawyer to answer your specific question. It gets a bit complicated at times.
@@AlDavLaw Thank you for all your help.
If you have full authority under the IAEA, do you have to wait for the appraisal referee to return the form regarding the appraisal vale of the property before you can sell it?
Technically no because with full IAEA powers you can sell property without court approval. However, it is always prudent to have the appraisal come back before selling anything so that a beneficiary does not later argue that you sold something for less than its appraised value. You should talk with a lawyer for a specific answer to your question. This is just general information based on the facts provided in your question.
@@AlDavLaw Thank you for your quick response. I found that you tutorials are well done and extremely informative. I have subscribed to your site and look forward to more form tutorials. do you have a tutorial for a Final petition for Distribution? Cheers.
@@erniearevalos6079 Glad to hear our videos were helpful to you. We do not have a video on the final petition for distribution, but we will definitely consider doing a video on that sometime soon. Thanks for the input.
Appreciate the help!
What about #5 on the form?
You need to either select the option that says there is no real property or the option that says you filed a change of ownership form with the assessor's office. The latter option is for estates where there is real property included.
Here is a link to a sample change of ownership form: www.boe.ca.gov/proptaxes/pdf/lta10038.pdf. Here is a link to our vlog discussing the form: www.aldavlaw.com/forms/california-preliminary-change-of-ownership-form/.
I thought all assets needed to be appraised the the appraisal referee?
That's correct, but the probate referee usually doesn't mind if you help them out on items of small to no value. You should check with the probate referee assigned to your probate case to see how they prefer to handle the personal property items.
Seems open to corruption as the referee's fees are based on their appraisal . By inflating the appraisal they can inflate their fees
If it 6property one at a time all 6
Can i call you!!!