The probate process in California can be a difficult situation to go through alone, especially if you do not have an experienced probate lawyer to confide in and rely on. The intended goal for every probate court is for the process to go as smoothly as possible with few roadblocks, but this is not always the case. If somebody contests the will, it can create new complications during probate. A Lake Forest probate lawyer can help you in many ways.

What Is Probate in California?

Probate is the court-ordered process of identifying and verifying the last will and testament of someone who has recently deceased and left behind a sizable estate. The probate process allows for a smooth transfer of assets and property to the various creditors and beneficiaries who seek to gain something from the will. Probate ensures that the deceased’s outstanding debts are paid out and funeral expenses are settled.

An executor, or administrator, of the will, shall be appointed by the court. This person will handle the legal process of distributing assets to the designated heirs. It is likely the will’s administrator will be named by the deceased. This could be someone that stands to inherit from the will during the probate process.

The Probate Process in California

The probate process in California is considerably stringent and requires the administrator to complete certain forms in their entirety and in a very specific order specified by the California court. If you are unsure of how to complete this process, you should consider reaching out to a law firm that focuses on probate law to speak with an experienced probate lawyer. Some important and mandatory steps you must take to fulfill the California probate process include:

• File the Petition: The first thing you need to do to initiate probate court is to file a probate petition with the correct court. The petition needs to be filed in the deceased’s county of residence at the time of death. Once the petition is filed, the court will be notified that a hearing must be scheduled to discuss the start of probate. It can take a little over a month for the hearing to get scheduled.

  When you file the petition, you should include a copy of the will if there is one. You may also need to provide a valid death certificate, as well as a filing fee. The filing fee may be different depending on the county.
• Publishing the Notice: Once the petition has been properly filed with the correct county court, you should receive a notice of your hearing date. The notice may be published in the local newspaper a few different times. This is done to let every relevant party know that probate is coming and their opportunity to have debts paid off or possibly receive something in the will is approaching.If there is a last will and testament connected to the estate, everyone who is named in that will must be mailed a copy of the notice. All legal heirs of the deceased and relevant creditors must also be mailed a copy of the notice.

• The First Probate Hearing: During the initial probate meeting, the court will appoint an administrator for the estate. When you file your probate petition, you have the opportunity to suggest who you believe should be the administrator of the will. If the deceased named someone in their will, that person will likely be the administrator appointed by the probate court.

  If there is no will to name an administrator or the person chosen by the court decides not to fulfill their duties, the probate court may appoint someone else to lead the proceedings as the administrator. This person will likely be the closest living relative to the deceased or an assumed beneficiary.
• Posting a Bond: The will’s administrator will likely need to post a surety bond for the court. This bond is a form of financial security that ensures the administrator fulfills their duties responsibly and properly. The bond price will depend on a number of important factors, including the administrator’s personal credit. The bond must be posted before the court can continue with probate and grant the administrator control over the estate.
• Proving the Will: To prove the validity of the will, the administrator will need to convince the probate court that it was, in fact, authorized by the deceased. This is usually a smooth process as the will was likely signed and approved by the deceased long before their death and with several witnesses in attendance.

• Collecting the Assets: One of the administrator’s most important tasks is to collect the assets of the deceased. This involves listing out all relevant assets of the estate that will be eligible during probate. This could include vehicles, personal property, bank accounts, and more.

  Items that may not be considered eligible during probate are estate assets, retirement accounts, living trusts, and transfer-upon-death accounts. Most physical assets may require a title to be transferred.
• Valuing the Assets: To assign value to the assets, the court will likely appoint a probate referee. The probate referee will look over the non-monetary assets and determine their value professionally.
• Pay Creditors: Before the estate can be distributed among the beneficiaries, you must first settle all of the deceased’s outstanding debts using the value of the assets. This may include funeral expenses, estate taxes, attorney fees, and federal and state taxes on the home.
• Closing the Estate: Once everything has been settled and the designated beneficiaries have received what they are entitled to, the court will close the estate, and a judge will sign off. The administrator will then be discharged from their duty.

Reach Out to a Probate Lawyer Today

Going through probate is not always an easy task, especially if you are the court-appointed administrator with many important tasks. The legal team at Sweeney Probate Law understands the kind of help you will need and is prepared to assist you in overseeing probate, among other tasks. Contact us to schedule a consultation today.