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A probate sale is the process executed at a county court where the executor for the estate of a deceased person sells property from the estate (typically real estate) in order to divide the property among the beneficiaries. There is a personal representative of the estate who will determine if the real estate is going to be sold.
The probate court will then oversee the process of distributing the deceased's assets to the proper beneficiaries. A probate court can be petitioned by interested parties in an estate, such as when a beneficiary feels that an estate is being mishandled. The court has the authority to compel an executor to give an account of their actions.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
In 2002, the California Administrative Office of the Courts (AOC) started the Second-Generation Electronic Filing Specification (2GEFS) project. [5]After a $200,000 consultant's report declared the project ready for a final push, the Judicial Council of California scrapped the program in 2012 after $500 million in costs.
The administrator of an estate is a legal term referring to a person appointed by a court to administer the estate of a deceased person who left no will. [1] Where a person dies intestate, i.e., without a will, the court may appoint a person to settle their debts, pay any necessary taxes and funeral expenses, and distribute the remainder according to the procedure set down by law.
The Codes form an important part of California law. However, they must be read in combination with the federal and state constitutions, federal and state case law, and the California Code of Regulations, in order to understand how they are actually interpreted and enforced in court.
State courts of record of California. Supreme Court of California [1] California Courts of Appeal (6 appellate districts) [2] Superior Courts of California (58 courts, one for each county) [3] State quasi-administrative courts of California. State Bar Court of California; [4] an administrative court within the judicial branch, subordinate to ...
The districts are further divided into 19 divisions sitting throughout the state at 9 locations, and there are 105 justices serving on the Courts. Unlike the state supreme court, the courts of appeal have mandatory review jurisdiction under the informal legal tradition in common law countries that all litigants are entitled to at least one appeal.