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General Information

Course ID (CB01A and CB01B)
PARAD099.
Course Title (CB02)
California Probate Law and Procedures
Course Credit Status
Credit - Degree Applicable
Effective Term
Fall 2023
Course Description
California probate substantive law and procedures including state and federal estate tax requirements, conservatorships and community property death transfers.
Faculty Requirements
Course Family
Not Applicable

Course Justification

This course is in a CTE program and is CSU transferable. It was developed in response to a recommendation from the advisory board for the program to have an advanced specialty class in the area of estate and trust administration. This course belongs on the certificate and degree programs in Paralegal Studies. Estate and trust administration is an area of law that involves the preparation of large amounts of documents. Today paralegals are extensively used to obtain information and to use it in the preparation of documents, schedules, and returns.

Foothill Equivalency

Does the course have a Foothill equivalent?
No
Foothill Course ID

Course Philosophy

Formerly Statement

Course Development Options

Basic Skill Status (CB08)
Course is not a basic skills course.
Grade Options
  • Letter Grade
  • Pass/No Pass
Repeat Limit
0

Transferability & Gen. Ed. Options

Transferability
Transferable to CSU only

Units and Hours

Summary

Minimum Credit Units
4.0
Maximum Credit Units
4.0

Weekly Student Hours

TypeIn ClassOut of Class
Lecture Hours4.08.0
Laboratory Hours0.00.0

Course Student Hours

Course Duration (Weeks)
12.0
Hours per unit divisor
36.0
Course In-Class (Contact) Hours
Lecture
48.0
Laboratory
0.0
Total
48.0
Course Out-of-Class Hours
Lecture
96.0
Laboratory
0.0
NA
0.0
Total
96.0

Prerequisite(s)

PARA D094. or ADMJ D095. or PARA D095. or POLI D095. (either course may be taken concurrently) or professional experience appropriate to the topic - Effective Fall 2023 ADMJ D009. or PARA D009. or POLI D009. or PARA D094. (either course may be taken concurrently) or professional experience appropriate to the topic - Effective Fall 2024

Corequisite(s)

Advisory(ies)

ESL D272. and ESL D273., or ESL D472. and ESL D473., or eligibility for EWRT D001A or EWRT D01AH or ESL D005.

Limitation(s) on Enrollment

Entrance Skill(s)

General Course Statement(s)

Methods of Instruction

Lecture and visual aids

Discussion of assigned reading

Discussion and problem solving performed in class

Quiz and examination review performed in class

Homework and extended projects

Assignments

  1. Oral
    1. Preparation for class discussion
    2. Preparation for small group discussion
  2. Written
    1. Draft selected documents related to probate practice, including Judicial Council forms, based on hypothetical facts
    2. Analyze selected probate code sections and rules of court applying them to hypothetical facts.
    3. Midterm and final examination
  3. Reading from text and other references

Methods of Evaluation

  1. Oral assignments including group discussions of material and readings where students will have the opportunity to demonstrate an understanding of structure and fundamentals of probate law
  2. Written assignments where students will show the ability to prepare forms in accord with the law and court rules
  3. Midterm and final examinations using both objective and essay questions testing the understanding of the principles of probate law

Essential Student Materials/Essential College Facilities

Essential Student Materials: 
  • None
Essential College Facilities:
  • None

Examples of Primary Texts and References

AuthorTitlePublisherDate/EditionISBN
Nissley, Julia. "How to Probate an Estate in California". 24th Ed., Berkeley, CA: Nolo Press, 2018.
"California Probate Code", 2017 Edition, Thomson West Publishing.

Examples of Supporting Texts and References

AuthorTitlePublisher
"California Decedent Estate Practice", Vol. 1-3. Berkeley, CA: Continuing Education of the Bar, 2017
"California Probate Workflow Manual", Revised. Berkeley, CA: Continuing Education of the Bar, 2017
California Probate Code, available at ( http://www.leginfo.legislature.ca.gov/faces/codes.html)
California Rules of Court available at (http://www.courtinfo.ca.gov/rules/)
California Judicial Council Probate Forms available at (www.courtinfo.ca.gov/forms/)
Instructions for Form 706 available at: (http://www.irs.gov/pub/irs-pdf/i706.pdf)

Learning Outcomes and Objectives

Course Objectives

  • Examine the legal principles regulating California Probate Proceedings
  • Summarize probate proceedings and relevant California probate forms
  • Analyze specific legal problems relating to California Probate Law and Procedure
  • Describe the influence of out-of-state and international decedents and property interests on California probate procedures
  • Analyze the role of the paralegal as influenced by gender, cultural and age factors
  • Summarize the applicability of computer applications to California probate practice.

CSLOs

  • Demonstrate an understanding of the substantative legal principles regulating California Probate Proceedings.

  • Analyze specific legal problems relating to California probate law and procedures.

  • Correlate California probate proceedings and relevant probate forms.

Outline

  1. Examine the legal principles regulating California Probate Proceedings
    1. Nature of probate
    2. Related proceedings
      1. Guardianships
      2. Conservatorships
      3. Establishing fact of death
    3. Alternatives to probate
      1. Trusts
      2. Spousal property transfer
      3. Joint tenancy
      4. Summary administration of estates
        1. Statutory requirements
        2. Forms
  2. Summarize probate proceedings and relevant California probate forms
    1. Pre-probate information acquisition
      1. Death arrangements
      2. Death certificates
      3. Body disposition
      4. Cash needs of family
    2. Estate administration
      1. Statutory requirements
      2. Probate petition with will and without will
      3. Appointment of executor/administrator
      4. Creditor claims
      5. Handling assets
      6. Transfer of assets
      7. Inventory and appraisement
      8. Accounting and distribution
    3. Elective procedures
      1. Sale of personal property
      2. Sale of real property
      3. Family allowance
      4. Independent administration
    4. Death tax
      1. State Inheritance Tax
      2. Referee's procedures and fees of executor, attorney and referee
      3. Federal Estate Taxes
  3. Analyze specific legal problems relating to California Probate Law and Procedure
    1. Conservatorships and competency
    2. Will Contests
    3. Litigation
    4. Selection of personal representative
  4. Describe the influence of out-of-state and international decedents and property interests on California probate procedures
    1. Probating estates of non-California domiciliaries owning property in the state
    2. Probating estates of California residents owning property out of the state
    3. Ancillary probate procedures
    4. Locating and analyzing appropriate law and procedures
  5. Analyze the role of the paralegal as influenced by gender, cultural and age factors
    1. Interviewing techniques with diverse clients
    2. Working with grieving clients
    3. Obtaining financial information
  6. Summarize the applicability of computer applications to California probate practice.
    1. Judicial council forms
    2. Word processing applications
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