A loved one died and I need help! |
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 What estate planning documents did the loved one have? |
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 I found a will. |
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| I found a trust. |
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| What if I can’t find any estate planning documents? |
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Not having or not being able to locate estate planning documents is not usual. It is important to determine whether your loved one never created an estate plan, or whether the estate plan is lost or has been destroyed. If your loved one never created an estate plan, then the probate assets will pass to survivors according to the laws of California. Generally, a surviving spouse will be entitled to all of the community property and between one-third to one-half of the separate property depending on the number of children, if any, with the balance being divided equally into as many shares as there are members of the nearest living generation. If there is a will, but it has been lost or destroyed, under certain circumstances the heirs can still apply ask the probate court to admit the will. Otherwise, the estate will be administered with the assumption that that there is no will. |
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 Do I need to file a probate? |
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| How do I manage this process when I live far away? |
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| The bureaucracy is holding everything up; what can I do? |
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| The person in charge is being secretive; what can I do? |
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| It appears that there is stealing from the estate; what can I do? |
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| The will or trust was changed under suspicious circumstances; what can I do? |
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