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In this set of circumstances, you must go to probate court. You will need to file a Petition for Probate. It is recommended that you speak with a lawyer about this particular step.

You may not need to go to probate court. Whether or not you need to go to probate court will depend largely upon how much money will be involved, what type of property is involved and who exactly will be trying to claim the property. You should also check on exactly how the property is owned or if there is any existing contract with those who possibly inherit. Knowing whether there are named beneficiaries can make many matters much simpler and can negate the need to go to probate court.

Probate is an open court case that deals with three things. These include the process of transferring property from someone who has died to those it is meant to go to, making a decision about whether or not a will is valid and taking care of any existing financial responsibilities of the person who died. The courts will assign an administrator if a will was not written up. This person will collect all of the assets, pay off any remaining debts or expenses and distribute what remains of the estate to those who have a right to inherit. This will be handled under the supervision of the court system.

An advanced health care directive is essentially a power of attorney that pertains specifically to health care decisions. In California, this document contains two important sections. Part 1 allows you to nominate a primary agent and two alternate agents who will make health care decisions for you if and when you no longer have the mental capacity to make those decisions yourself. Part 2 specifies the health care instructions that you believe are in your best interests. In order to have legal standing, the document must be signed either in the presence of a notary public or of two witnesses.

A durable power of attorney is a legal instrument that allows someone else to manage your assets on your behalf in the event that you become too incapacitate to make asset management decisions on your own. In California, if you would like someone else to make health care decisions on your behalf, you will need to fill out a California Advance Health Care Directive.