Probate means that there is a court case that deals with deciding if a will exists or is valid, figuring out who the decedent’s heirs or beneficiaries are, assessing how much the property is worth, taking care o the decedent’s financial responsibilities and transferring the property to the heirs or beneficiaries.  

In a probate case, the executor (if there is a will) of an administrator (if there is no will) is appointed by the court as a personal representative to collect assets, pay the debts and expenses, and then distribute the remainder of the estate to those who have the legal right to inherit.  All this is under the supervision of the court.  The entire case can take between 9 months to 1.5 years, perhaps longer or shorter. 

This article which summarizes information from the California Courts found at https://www.courts.ca.gov/42629.htm,  will give you an overview of the steps you need to take when a case must go through the probate process.  For help navigating the system and answers to your questions, please contact the Law Office of David Knecht, at 707-451-4502. We have extensive experience and can help you fulfill your responsibilities to the estate and to the memory of your loved one. 

1. Within 30 days of person’s death, take the original will to the probate court clerk’s office and send a copy of the will to the executor or to a person named in the will as a beneficiary if the executor cannot be found. 
2. The petitioner must start a case by filing a Petition for Probate and any other required forms in the county where the person who died lived (or in the California county where that person owned property if the person lived outside California). 
3. Certain steps ensue after the case is filed, including a hearing date, notice requirements to various parties, and paperwork review by the examiner or the judge.
4. The personal representative gathers assets and prepares an inventory and appraisal form.  An appraisal of nonmonetary assets often will also be needed.
5. Creditors are formally notified and debts are paid.
6. A final income tax return is prepared for the person who died.
7. The probate court figures out who gets what property.
8. The personal representative may be required to file additional forms to confirm the sales of real property.
9. A final estate tax return is required under certain circumstances.
10. The personal representative reports to the court on how the estate was handled and a hearing is typically held for the court’s review.

After all the filings are reviewed and the judge is satisfied that everyone received their property properly from the estate, the court discharges the personal representative from his or her duties.

Losing a loved one is heart-breaking, and this time of mourning can be even more challenging for the family or friends that now have the responsibility to manage the property that is left behind.  Probate is the court process for distributing the assets, paying debts, and settling the financial affairs of the person who has passed.  It is an area of the law with its own vocabulary, and understanding the terms will help you navigate the system.  The definitions below can also be found on https://www.courts.ca.gov/documents/Common_Words_Probate_Cases.pdf. 

The Law Office of David W. Knecht helps trustees and executors administer trusts and probates.  We will spend time with you explaining the process and tasks involved in successfully administering a trust or probate estate.  We also prepare Wills, Living Trusts, Durable Powers of Attorney and Advance Health Care Directives to meet client’s estate planning needs.  Additionally, we represent clients in trust litigation and will contests, representing trustees, executors, beneficiaries and other intended parties.  Contact us at David Knecht Law at 707=451-4502 for help with any probate needs. 

Administrator: the person (usually the spouse, domestic partner, or close relative) that the court appoints to manage the estate of person who dies without a Will. The administrator is also called the personal representative of the estate. 

Beneficiary: a person who inherits when there is a Will. 

Decedent: the person who died. 

Decedent’s Estate: all real and personal property that a person owned at the time of death. 

Executor: a person named in a Will and appointed by the court to carry out the dead person’s wishes. The executor is also called the personal representative of the estate. 

Heir: a person who inherits when there is no Will. 

Holographic Will: a Will that is handwritten, dated and signed by the person writing the Will. 

Intestate: when someone dies without leaving a Will. 

Intestate succession: the order of who inherits property when someone dies without a Will. 

Living Trust: a trust set up during the life of a person to distribute money or property to another person or organization. 

Personal Property: things like cash, stocks, jewelry, clothing, furniture, or cars. Personal Representative: the administrator or executor that the court appoints to manage the estate. 

Probate: The court process for distributing a dead person’s assets, paying debts owed by the dead person, and settling the financial affairs of people when they die. 

Real Property: buildings and land. Successor: anyone who has the legal right to receive property of a person who dies, either under the Will or the Probate Code. 

Testate: when someone dies leaving a Will. Trust: an arrangement where property is given to someone to be held for the benefit of another person. 

Will: a legal paper that lists a person’s wishes about what will happen to his or her property after death.

Contact David Knecht Law at 707-451-4502, we are happy to walk you through what you need to know and guide you through each step of the probate process.