Family Compass Law

Family Compass Law Wills & Trusts • Probate & Trust Administration • Family Law | Fairfield, CA

Yes-an executor can usually sell a house while a California probate is still pending.But how the sale is handled depends...
08/28/2026

Yes-an executor can usually sell a house while a California probate is still pending.

But how the sale is handled depends on the authority the probate court gave the executor or administrator.

With full authority under California's Independent Administration of Estates Act, a personal representative can often sell real property without the traditional court-confirmation procedure.

With limited authority, the sale generally requires court supervision.

That distinction can make a substantial difference in timing, procedure and even how an offer should be written.

Before listing probate property-or certainly before accepting an offer-it is worth knowing which set of rules applies.

Read the full Insight:
https://www.familycompasslaw.com/insights/selling-house-during-california-probate

Most estate plans address the house, bank accounts and investments.But what about the parts of your life that exist only...
08/27/2026

Most estate plans address the house, bank accounts and investments.

But what about the parts of your life that exist only behind a screen?

Email. Family photographs stored in the cloud. Online financial accounts. Social media. Websites and domains. Cryptocurrency. Subscription services. Digital business records.

California law provides ways for an executor, trustee or agent under a Power of Attorney to obtain access to certain digital assets-but what your estate planning documents say, what you selected in an online account, and whether anyone can practically find the account in the first place can all matter.

A modern estate plan should include a plan for your digital life, not merely your physical property.

Read more:
https://www.familycompasslaw.com/insights/california-estate-planning-digital-assets

In a California divorce, the filing date gets a lot of attention. But another date can have major financial consequences...
08/21/2026

In a California divorce, the filing date gets a lot of attention. But another date can have major financial consequences: the date of separation.

It isn't necessarily just the day somebody moved out.

California looks for a complete and final break in the marriage: one spouse expressed an intent to end the marriage, followed by conduct consistent with that intent.

Why can a few months matter?

Because earnings and debts acquired before separation are generally treated differently from those arising afterward. The date can also affect the measured length of the marriage for spousal-support purposes.

When spouses disagree about the date, texts, bank records, leases, living arrangements, and even witness testimony can become important.

It's a date worth getting right—not simply picking because it produces the preferred financial result.

Read the full Insight: https://www.familycompasslaw.com/insights/california-divorce-date-of-separation

Not every California estate requires a full probate—but “small estate” doesn't necessarily mean simple.For deaths occurr...
08/19/2026

Not every California estate requires a full probate—but “small estate” doesn't necessarily mean simple.

For deaths occurring on or after April 1, 2025, California's general small-estate threshold for certain qualifying property is $208,850.

The number alone doesn't answer the question.

What kind of assets did the person own? How were they titled? Was property held in a trust? Were beneficiaries named directly? Was property jointly owned? Different assets may be treated differently, and debts don't necessarily get subtracted from asset values simply to bring an estate under the limit.

California also has a newer procedure that may apply to a qualifying primary residence valued up to $750,000—but there are significant restrictions. It isn't available for every piece of real estate under that amount, valuation rules apply, title matters, and the procedure may still require court filings, notices, supporting documentation, waiting periods, and a court order.

And $750,000 is not California's new general small-estate limit.

The takeaway isn't that probate is easy to avoid. It's that full probate may not always be necessary—and it's worth determining which procedure actually applies before starting one.

Read the full Insight: https://www.familycompasslaw.com/insights/california-small-estates-when-full-probate-may-not-be-necessary

Estate planning isn't only about what happens after you die. An accident, illness, surgery, or cognitive decline can cre...
08/17/2026

Estate planning isn't only about what happens after you die. An accident, illness, surgery, or cognitive decline can create an equally important question while you're still here: Who has authority to help?

In California, financial and health-care decisions are generally addressed through different planning documents. A durable power of attorney can authorize someone to handle specified financial and legal matters. An Advance Health Care Directive can identify the person who should make medical decisions and document your own wishes about care.

And a living trust, useful as it may be, doesn't necessarily cover everything.

The real goal is a coordinated plan that answers both questions: what happens after death, and what happens if you need someone to step in before then?

Read the full Insight: https://www.familycompasslaw.com/insights/estate-plan-before-you-die-incapacity-planning

Prenuptial agreements are not just for celebrities and millionaires.They can be particularly worth discussing when:• One...
08/16/2026

Prenuptial agreements are not just for celebrities and millionaires.

They can be particularly worth discussing when:

• One or both people already own property
• It is a second marriage
• Someone owns a business
• There are children from a prior relationship
• An inheritance is expected
• One person enters the marriage with significant debt

A prenup is not a prediction that the marriage will fail. It is a way to address financial expectations before there is a dispute.

California also has specific rules affecting whether a premarital agreement will ultimately be enforceable. That is one reason downloading a form days before the wedding is a particularly bad planning strategy.

Our newest Insight explains the broader purpose of prenuptial agreements.

https://www.familycompasslaw.com/insights/prenuptial-agreements-not-just-for-the-wealthy

“You are the successor trustee.”That sounds straightforward until the responsibility actually lands in your lap.A trust ...
08/15/2026

“You are the successor trustee.”

That sounds straightforward until the responsibility actually lands in your lap.

A trust may avoid formal probate for properly held assets, but trust administration is not simply “divide everything according to the percentages.”

California trustees have fiduciary duties. They must follow the trust, act appropriately toward beneficiaries, protect trust property, keep records, communicate as required, and avoid treating trust assets like their own.

Before distributions begin, someone also has to determine what the trust owns, what obligations remain, and exactly what the trust requires.

Our newest Insight looks at the role of a successor trustee and why “no probate” does not mean “no process.”

https://www.familycompasslaw.com/insights/successor-trustee-now-what

Estate planning is not only about what happens after you die.Some of the most important documents are designed to help w...
08/14/2026

Estate planning is not only about what happens after you die.

Some of the most important documents are designed to help while you are still alive.

Three every California adult should understand:

Will: addresses distribution at death, names an executor, and can nominate guardians for minor children.

Durable Power of Attorney: allows someone you choose to handle authorized financial and legal matters, including during incapacity when properly drafted.

Advance Health Care Directive: lets you choose who can make health-care decisions and allows you to state your wishes concerning care.

These are not necessarily the only documents a person needs. Estate planning should fit the person.

Our latest Insight takes a closer look.

https://www.familycompasslaw.com/insights/three-estate-planning-documents

“Isn’t custody automatically 50/50 in California?”No.California law focuses on the best interest of the child and does n...
08/13/2026

“Isn’t custody automatically 50/50 in California?”

No.

California law focuses on the best interest of the child and does not create a presumption for or against joint physical, joint legal, or sole custody.

The child’s health, safety, and welfare are the court’s primary concern.

That means a custody case is not just a contest over percentages. The right parenting plan depends on the child and the family’s actual circumstances.

When issues such as domestic violence are involved, California law imposes additional considerations that can significantly affect custody.

Our latest Insight looks at what “best interest of the child” really means.

https://www.familycompasslaw.com/insights/best-interest-of-the-child-california

You have been named executor.Now what?First, the will does not magically give you full authority over the estate.In a Ca...
08/13/2026

You have been named executor.

Now what?

First, the will does not magically give you full authority over the estate.

In a California probate, the court appoints the personal representative and authority generally becomes effective when Letters are issued.

That means the period immediately after death requires some care. Property may need to be protected and important records located, but immediately distributing belongings, closing accounts, or making major estate decisions can be premature.

An executor is taking on a fiduciary responsibility, not simply carrying out a family favor.

Our newest Insight explains why getting the process organized correctly at the beginning matters.

https://www.familycompasslaw.com/insights/named-executor-what-to-do-first

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