California Partition Law Blog
Discovery is an important tool for parties in a lawsuit to get information to prepare for trial and to decide what issues to focus on in a case. In California, the rules governing discovery are laid out in the Civil Discovery Act in Title 4 of the Code of Civil Procedure. These discovery rules apply to civil lawsuits and special proceedings of a civil nature (Code Civ. Proc. § 2035) Probate proceedings are special proceedings, so these discovery procedures are equally applicable. (Estate of Joseph (1897) 118 Cal. 660, 663.) This is important because it allows parties to use deadlines and other discovery tools to their advantage in a probate proceeding.
The Civil Discovery Act applies to probate proceedings and disputes. (Prob. Code § 1000(a).) The normal rules of discovery in civil actions apply, and as such the same discovery procedures are available for use in probate court. (Forthmann v. Boyer (2002) 97 Cal.App.4th 977, 987.) One part of probate proceedings is marshalling assets, which involves locating and taking inventory of a decedent’s assets. A representative may suspect third persons are withholding property or have knowledge about property, special discovery procedures can be used to require the third party to answer relevant questions. (Prob. Code § 8870-8873.)
In probate court, any time requirements laid out in the discovery act begin to run after service of petition and notice of hearing. (Prob. Code, § 1000(b).) This means a petitioner in a proceeding can begin discovery regarding parties and nonparties once a petition is filed. (Morris Stulsaft Foundation v. Superior Court In and For City and County of San Francisco (1966) 245 Cal. App. 2d 409, 415.) If they use it strategically, parties can rely on the Code of Civil Procedure to give them an advantage.
Probate sales are a unique real estate opportunity for buyers to purchase real property from the court after its owner died. 
The purpose of this article is to explain the ownership presumption in a probate dispute. This is because property ownership can cause disputes even after death, which must be resolved in the probate or civil courts. (Schlyen v. Schlyen (1954) 43 Cal.2d 361, 370–371.) Specifically, the understanding of how marriage affects ownership presumptions in probate matters was changed in the 2021 case Estate of Wall (Wall). ((2021) 68 Cal.App.5th 168.) This case affects how trial and probate courts will consider ownership disputes. Because this specific case dealt with a probate action, it concerns the property and assets of a decedent. In Wall the court held that the title presumption prevails over the community property presumption.
Probate proceedings can often be complex, especially when it comes to the sale of property within an estate. In California, the rules governing commissions for agents, brokers, and auctioneers involved in probate sales are outlined in California Probate Code.
Probate Code section 859 protects certain individuals whose property or money is taken, concealed, or disposed of by another. Section 859 does this by imposing hefty penalties on anyone who wrongfully takes or conceals property belonging to certain groups.
An order determining succession to real property is an alternative petition to get a court order transferring the property. (Prob. Code § 13154.) If the estate is small enough, and a successor to the decedent has proof that they are entitled to a certain piece of property, then they may use this process to become a title owner.
For family members of a deceased loved one, the most important part of probate proceedings is the final distribution of the estate. This occurs once the estate’s debts and obligations have been satisfied, and it serves to more or less end the probate of the estate. 
When a loved one passes away, probate proceedings are hopefully not the first thing on their relatives’ minds. Probate is, however, an inevitability, even when a trust is present and effective. But inheritance is not always the blessing that the public conscious imagines it to be. The simple truth is that owning property in California is an expensive endeavor that carries with it tons of monetary responsibility. Faced with the possibility of inheriting something an individual simply cannot afford, there is an option: a disclaimer of interest.