It is important to understand the various aspects and steps involved in the probate process in California. If you do not have a probate lawyer on your side, the process can be overwhelming, intimidating, and confusing. Probate court is intended to provide a smooth transfer of assets for the beneficiaries of the deceased. If there is someone who contests the will or there are other complications, a Mission Viejo probate lawyer can help

Probate in California

Probate is the court-led process of identifying, verifying, and transferring assets from someone’s last will and testament. Generally, probate court occurs when the deceased has a sizable estate that needs to be carefully organized and dispersed accordingly. Probate permits the court to transfer property and assets to the designated heirs and potential creditors who seek to benefit from the will.

To oversee the transfer of assets, the probate court will appoint an executor of the will, also known as an administrator in California. The administrator will handle the legalities of distributing assets to those who may benefit from the will, such as potential heirs and creditors who must be paid off. The will’s administrator will likely already be named in the will itself and could even be someone who stands to inherit from the will during the probate process.

The California Probate Process

The probate process in California can be particularly difficult and confusing, especially if you decide to handle the process yourself, without the assistance of an experienced probate lawyer. The administrator must fill out certain forms exactly as required, and in the exact order the California court requests. Failure to complete these requests timely and accurately could delay the probate process.

If you are unsure of how to complete these forms, a probate lawyer or asset attorney may be able to help. After all, having someone in your corner who understands the complexities of probate law and can apply their experience to your case can only help you in the long run. Some of the mandatory steps you will have to take to fulfill the California probate court requirements are:

• Filing the Petition: To start the probate process, you must first file the probate petition with the correct county court. The probate petition has to be filed in the deceased’s county of residence at the time of their death. Once the petition is filed, the court will be notified promptly and can schedule a formal probate hearing. Getting the hearing scheduled can often take over a month.

  When you file the petition with the county clerk, there are a number of important documents you absolutely cannot leave out. You must include a copy of the will, if there is one, a valid death certificate, depending on the county, and a filing fee that can vary from county to county.

• Publishing the Notice: After your probate petition has been filed and you receive a notice of your upcoming hearing date, you will need to publish that notice in the local newspaper. This is intended to notify any relevant parties that probate court is coming soon, and the opportunity to finalize debts is approaching.

  If the estate has a last will and testament connected to it, anyone who is named in the will must receive a copy of the hearing date notice in the mail. This includes all legal heirs and relevant creditors.

• First Probate Hearing: At the first probate hearing, the court will appoint an administrator to oversee the estate during probate. At the time of filing your probate petition, you may have the opportunity to suggest who you wish to be named the estate’s administrator. The court will likely go with whoever is named in the will.

  If there is nobody named, there is no will, or the named administrator decides not to do it, the probate court will appoint another person to oversee the estate. It will likely be the closest living relative to the deceased or an assumed beneficiary.
• Post a Bond: To move forward with probate court, the court will likely require the administrator to post a surety bond. This is a form of financial security that ensures the administrator fulfills the duties required of them throughout the duration of probate court. The bond price will depend on a number of important factors, primarily the administrator’s credit. The bond has to be posted before the probate can move forward.
• Proving the Will: During probate, the administrator will have to prove the validity of the will by proving that the will truly was authorized by the deceased. This is usually a straightforward process, as the will has likely been signed and approved by the deceased some time before their death and with several witnesses in attendance.

• Collecting Assets: One of the most important tasks that an administrator has during probate is to collect the various assets belonging to the deceased. This involves listing out the relevant assets that are going to be involved in probate. This can include personal property, vehicles, and bank accounts, among other things.

  Other assets may not legally be distributed in probate, such as estate assets, living trusts, retirement accounts, and transfer-upon-death accounts.
• Valuing Assets: To assist in assigning value to the eligible assets, the court will assign a probate referee to your case. The probate referee will look through the relevant non-monetary assets and assign a value to them.
• Paying Creditors: Before the estate can be distributed among the designated heirs, creditors must be paid out from the estate to settle any outstanding debts. This includes any unpaid funeral expenses, estate taxes, attorney fees, and other taxes.
• Closing the Estate: Once every debt has been settled and everyone who sought to benefit from the will has gotten what they were owed, the court can formally close the case, and a judge will discharge the administrator from further work.

Reach Out to Sweeney Probate Law Today

The legal team at Sweeney Probate Law can help you oversee probate and make sure all the steps are done correctly and in the right order. Contact us to schedule a consultation today.