Probate provides the comprehensive guidance attorneys need to handle every aspect of probate proceedings. From strategies for premortem planning through the intricacies of handling a matter from opening through final discharge, this essential resource provides reliable answers and proven strategies to prepare you for each critical stage of the probate process. The guide includes thorough coverage of creditor claims, asset distribution, and discharge procedures, explanations of spousal set-asides and summary administration procedures, and covers the nuances of the complex estate and fiduciary income tax issues that frequently arise in practice.

Detailed coverage of will contests and probate litigation helps you anticipate the challenges in contentious proceedings and respond confidently. Illustrations drawn from actual cases and references to the most current cases, statutes, court rules, and local practices demonstrate how legal principles apply in practice.

The combination of practical guidance and up-to-date legal authority makes this a valuable tool for all attorneys, whether you are handling your first estate or are a seasoned practitioner handling complex probate matters.

Contents cover:

Preliminary considerations

Alternatives to probate

Commencing probate proceedings

Spousal and domestic partner set-asides; passage of property to a surviving spouse or registered domestic partner without administration

Office systems and procedures

Marshaling and inventorying assets

Family protection

Creditors’ claims

The Independent Administration of Estates Act

Federal estate tax

California estate tax

Deathbed and postmortem planning and fiduciary income tax considerations

Obtaining and investing funds for the estate; preserving the assets of the estate

Special problems in probate administration

Litigation

Accountings, distributions, compensation, and discharge