Probating an Estate in the State of California
Probating an estate requires the involvement of a personal representative. Here’s how to probate an estate in California.
Probate is necessary if a deceased estate owner has transferable property. In most cases, it is very useful to hire an experienced lawyer to assist in the process of probating an estate.
What does it mean to probate?
Probate refers to courts supervising the procedure of transferring a legal property from a deceased estate owner (also referred to as “decedent”) to his or her beneficiaries. Under most circumstances, these cases require filling out court forms and appearing in court to settle a few factors, including:
- Proving the Will is valid to the Court
- Getting a legal representative with legal rights to act on behalf of the appointed decedent
- Paying debts and taxes
- Getting the decedent’s property identified and appraised
- Administering the leftover property in a way that suits the Will’s terms or has leftover property be given to the heirs of the decedent
Related: California Probate: What You Need to Know
Probate is not necessary if the decedent did not have any transferable property. If the decedent owed debts or there is a necessity for creditors to file claims, the decedent’s survivors may open probate. Additionally, probate allows the estate’s property to be distributed to the decedent’s heirs so long as it is transferable property.
Related: What is California Probate Code Section 13006?
What is the process of probating an estate in California?
In order to probate an estate in California, the individual seeking appointment as a personal representative or administrator can hire a probate lawyer. This may be especially helpful as a lawyer can assist in preparing and filing a Petition for Probate. That being said, regardless of whether the petitioner hires a lawyer, a mail notice must be arranged and must mention the death and probate hearing. This must be sent to all of the decedent’s heirs or parties named in the decedent’s Will. Furthermore, it is mandatory for the notice to be published in a newspaper around the decedent’s place of residence – for the purpose of informing creditors of the hearing as well. Essentially, the notice is necessary because it provides related parties with the opportunity to appoint a personal representative if they decide to object to admitting the Will.
Hearings are necessary for determining whether the Will is valid and for appointing the personal representative. Many cases involve courts requiring an individual that witnessed the decedent’s signature on the Will to sign a declaration. Courts will approve the petition and appoint a personal representative if there are no objections at this point. The responsibility of the personal representative is to identify, take possession of, and manage all probate assets. They are obligated to do so up until the point that any debts are paid off and tax returns are filed, and the process takes around a year on average.
Personal representatives are sometimes obligated to sell property such as real estate and securities. Having to do so depends on the terms of the Will as well as the quantity of debt the decedent owes. An example of this could be a Will stating cash as gifts, yet the estate being composed of valuable art pieces. If such were the case, the art pieces may need to be sold in order for there to be the necessary amount of cash. Personal representatives must file a report with the court once they have paid off all of the debts and taxes. This report will feature any income received, as well as estate payments. After this is completed, the court will permit the personal representative to distribute the remaining property among all parties (including people and/or organizations) that are mentioned in the Will. Finally, the new owners will have their new property transferred.
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