STRAIGHT TALK WITH NIELSEN CASHMAN & DEAN
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Pathways to Estate Administration in California: Your 2025 Guide

• You must wait 40 days after the person passes before accessing any assets.
• All beneficiaries have to sign the affidavit, leading to logistical delays.
• Minor beneficiaries cannot inherit real property outright.
• Family disagreements can complicate the process, potentially creating legal disputes.
• Before assets can be accessed, you must petition the court and wait for “letters” to issue. Depending on the county, this can take two to three months or more.
• Requires court oversight for every step.
• The full process generally takes six to eight months or longer before distributions are made.
• Open creditor period and subject to Medi-Cal Estate Recovery claims.
• The court reviews the decedent’s will, if there is one, to determine beneficiaries. Without a will, California’s intestate succession laws apply.
• Attorneys and Court-Appointed Representatives are entitled to receive a fee for their services, calculated on the value of the estate, which is often costly and requires liquidating or selling assets to satisfy.
• There is a 40-day waiting period before submitting the petition to the court or transferring any other assets.
• Requires signatures by all beneficiaries (often leading to delays due to troubles locating everyone or getting everyone to agree).
• You must obtain an appraisal from a licensed probate referee before submitting the petition, which can take several months.
• Minor beneficiaries cannot inherit real estate, leading to expensive guardianship proceedings.
• Once approved, beneficiaries jointly own the property. They must agree on:
o Who will live in the home
o Who pays taxes, insurance, repairs, maintenance, mortgage, and other costs
o Whether to sell or rent the property
• No court involvement, allowing faster asset management and distribution.
• No 40-day waiting period for trust assets, meaning Trustee’s can step in and start paying bills and marshalling assets immediately.
• Beneficiaries can come to agreements about distribution of the assets without the court’s approval.
• Private process.
• Can help protect assets from Medi-Cal recovery.
• The total value of the estate
• The types of assets involved
• Whether there is a will or trust
• The relationships and dynamics among heirs

