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If a deceased person’s estate isn’t going through probate then you, as an heir may transfer the title or interest of a vehicle or vessel without probate. This is only done for vehicles or vessels that are registered in the State of California. All you must do is fill out An Affidavit for Transfer Without Probate-California Titled Vehicles or Vessels Only.

To transfer ownership,  you will need to submit several items to the Department of Motor Vehicles, such as:

-California Certificate of Title;
-Affidavit for Transfer Without Probate-California Titled Vehicles or Vessels Only,
-A completed Statement of Facts form,
-A death certificate for each deceased owner,
-An Odometer Disclosure Statement, and
-The fee for transfer.

An estate plan is additional and separate process to the planning of your will. Estate planning involves financial, medical, tax and business arraignments and this takes additional documents to fully prepare for your passing. You can decide to distribute your assets to your family, friends and even your favorite charity.

Estate planning can determine:

-When and how your assets will be distributed to beneficiaries throughout your lifetime,
-How and by whom your assets will be managed in your lifetime should you not be able to take care of these matters yourself at a later date,
-How and by whom your health and personal matters will be taken care of if you become unable to care for yourself, and
-How and to whom your assets will be divided amongst after your passing.

For your wills and trusts, fell free to contact the probate attorney in Orange County.

There is no need to let anyone know the details of  your will. This will is a private matter and only needs to be discussed with your lawyer who will help you make the arrangements and finalize the papers for your legal will.

It is suggested however, to tell your executor or a close friend or family member where to find your will should you happen to suddenly pass away. Since the executor will be the person that you trust to carry out the final wishes in your will and divide your assets and property according to your will, this will be the best person to notify of it’s whereabouts. This should be kept somewhere safe, such as in a safety deposit box or in a fireproof safe.

For an Orange County wills and Trust attorney contact us.

If you were married to or a registered domestic partner of someone who has passed away, you may be able to get a court order that says:

-What your share of the community property you shared with your spouse is, and
-What part of your deceased spouse’s community and separate property belongs to you.

To get this you will need to file a simple form called a Spousal or Domestic Partner Property Petition with the court.

A more complicated probate procedure might be needed if the remaining spouse/domestic partner is legally entitled to all of the property.

For a free consultation contact, the probate attorney in Orange County.

To make sure your property and assets are divided amongst your friends and family the way you wish, you need a will. If you aren’t married or not in a registered domestic partnership, your children and grandshildren will recieve your assests, or it will be divided amongst your other family members like your sisters, brothers, nephews, nieces etc. If your partner passes away before yourself, his/her family might be included in the division of your spouses property and assets or even receive all of it.

Without a will, your friends, unregistered domestic partner or your favorite charity will receive nothing from your passing. Also if you and your deceased spouse/ registered domestic partner have no living relatives,   the State of California becomes the sole beneficiary of your property and assets if you die without a will. Avoid this by writing a will and dividing your life’s earnings and property amongst the ones you love and those you deem worthy.