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.
- 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.
- 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).
- 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.
- The personal representative gathers assets and prepares an inventory and appraisal form. An appraisal of nonmonetary assets often will also be needed.
- Creditors are formally notified and debts are paid.
- A final income tax return is prepared for the person who died.
- The probate court figures out who gets what property.
- The personal representative may be required to file additional forms to confirm the sales of real property.
- A final estate tax return is required under certain circumstances.
- 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.
