Probate
What is Probate?
In California, probate is the process by which a person’s estate is administered after they die. Probate can be a time-consuming and expensive process, but it offers important protections for the heirs of a deceased person. If you are the executor or administrator of a person’s estate, or if you are concerned about someone’s estate, it is important to know the probate process in California.
Why do we have to go through Probate?
Probate is the legal process through which the court makes sure that, when you die, your will is legally valid, your debts and taxes are paid, and your assets are distributed according to the instructions in your will (or according to state law if you do not have a will). Probate does not happen automatically. Someone, usually a relative or your executor, must petition the court for probate proceedings to begin-for example, when checks need to be written, or when an asset needs to be sold or transferred to a new owner.
What is the Probate process in California?
Probate can be distilled to eight steps:
1) Gather information about the Probate process and determine if you would like to proceed with the help of an Attorney: It is entirely possible to complete all the steps of probate on your own, without an attorney representing you. If, however, at any point you find you need help with the process, please consult with a Probate attorney to consider representation. To consider working with Jasmine Gomez Law, please use the link below to reserve a free initial consultation.
2) File the Petition and Related Documents: Once you have committed to starting the Probate process, the first step is to file a petition with the California Superior Court in the county where the decedent resided at the time of his/her/their death.
3) Provide Required Notices: After the petition is filed with the proper court, a notice of hearing will need to be published a minimum of three times in the local newspaper. Providing notice to everyone named in the will, if there was one, along with all legal heirs of the decedent, is also required.
4) Hearing/Appointment: A probate hearing will be held for the Court to decide who will take the rest of the steps of probate, called the Personal Representative (also called “Administrator” or “Executor”). The Personal Representative will then receive “Letters,” which authorizes them to take control of the estate’s assets and act on the estate’s behalf.
5) “Collection” of Assets: An important duty of the personal representative is to take possession of all of the estate’s assets and keep a careful accounting of all monies in and out of the estate. The court will likely require an inventory of the estate property; sometimes an appraisal of certain property is required.
6) Pay Valid Debts: After providing notice of the death to creditors, those with a valid claim may submit them for reimbursement from the estate.
7) Final Tax Return: The Personal Representative prepares a final personal income tax return for the decedent, to be paid from the estate. (It is strongly urged to consult with/use a qualified CPA firm to prepare this return).
8) Conclusion of the Probate Proceeding: The final step is closing the estate. In order to accomplish this, an accounting of all actions taken by the personal representative will be filed. A petition will summarize this, the fees to be paid to the personal representative, the fees to be paid to the attorney, and to request approval of the final distribution of the estate.
How do I start the Probate process?
If you need to start the Probate process for someone who has passed away, contacting a Probate attorney is a great first step. To consider working with Jasmine Gomez Law, please use the link below to reserve your free initial consultation.
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