Understanding the numerous aspects and steps regarding probate court in California can be vital to ensuring you go through the process correctly and promptly. If you decide to pursue probate court without the assistance of a probate lawyer, you could find yourself dealing with serious setbacks. Going through probate alone can be frustrating, overwhelming, and confusing. The probate process can be much easier with the help of a Westminster probate lawyer.

Understanding Probate in California

Probate is a process led by the court that involves verifying the last will and testament of a recently deceased person and identifying and transferring that person’s assets to their designated beneficiaries. Probate court usually happens when the deceased has a significant estate with a lot of different elements that need to be legally addressed and organized. Probate court provides an opportunity to transfer property and assets in a careful manner.

In order to oversee a smooth transfer of assets to the designated beneficiaries, the probate court will appoint an executor of the will, a job that is also known as an administrator in California. The will’s administrator will be in charge of handling the legal aspects of distributing the assets to the beneficiaries named in the will, as well as creditors that must be paid. The will itself may name the administrator, who could also be someone seeking to benefit from the will.

The Probate Process in California

The process of probate in Westminster, California can be overwhelming, as certain tasks must be performed a certain way and in a timely manner. If you handle the process on your own without consulting with an experienced probate lawyer, you could end up in a difficult, overbearing situation. The will’s administrator is required to fill out the required forms in the exact order requested by the California court. Failure to complete these requests appropriately could disrupt the process.

If you do not know which forms to fill out or the order in which to complete them, you should consult with a probate lawyer or an asset attorney who can help you. It may be wise to have someone on your side who understands the complexities of probate law and can advise you on the necessary next steps. Such legal assistance can only be helpful in the long run. The mandatory steps you must take to get through probate court in California include:

• File the Probate Petition: In order to begin the probate process, you must first file the probate petition in the right county court. The probate petition must be filed in the decedent’s county of residence at the time of their death. Once the petition has been filed properly, the probate court will be notified and will schedule a formal hearing to begin probate. Scheduling the hearing can often take over a month.

  When filing the probate petition, it is vital that you do not forget certain documents. You have to include a copy of the will, if one exists, a valid death certificate depending on the filing county, and a filing fee that can vary from county to county.

• Publish the Notice: When your probate petition has been filed, and you have received a date for your formal hearing, you must publish that notice in your local newspaper. The intention of this publication is to notify relevant parties of the probate court happening.

  If the estate has a will connected to it, anybody who is named in it must be notified of the formal hearing date by mail. This includes any creditors or relevant heirs who may benefit from the estate.

• The First Probate Hearing: When you have your first probate hearing, the court will assign an administrator to oversee the will’s distribution of assets. When you file your probate petition, you may have the opportunity to suggest someone to be the administrator of the estate. The court will typically go with whoever is named in the will as administrator.

  If nobody is named in the will, there is no will, or the named administrator does not want the responsibility, the probate court will assign someone else to be the will’s administrator. This person is usually a close living relative or an assumed beneficiary.
• Posting a Surety Bond: In order to move probate court forward, the court will likely require the administrator to post a surety bond. This bond acts as financial security that ensures the administrator continues to serve the court accurately, promptly, and effectively throughout the process. The bond price may vary between counties. Probate cannot move forward until the bond is posted.
• Prove the Will: Arguably, the easiest step in the California probate process is proving the validity of the will. It is up to the administrator to prove to the court that the will in question was authorized by the deceased. This is mostly a formality, as the will being discussed will have already been signed and dated by the decedent and have several witnesses.
• Collect the Assets: One of the most important tasks of the administrator is collecting the assets that belong to the deceased. This involves listing relevant assets that will be involved in probate, such as vehicles, bank accounts, and various personal property. Some assets that may not be legally distributed through probate include living trusts, retirement assets, estate assets, and transfer-upon death accounts.
• Probate Referee: In order to assign a monetary value to any non-monetary assets, the court will assign a probate referee. They will look through the assets and determine their value.
• Pay Creditors: Before the assets can be distributed among the will’s beneficiaries, they must first be used to settle any outstanding debts with creditors. This includes attorney fees, funeral expenses, and various taxes associated with the estate.
• Close the Estate: Once creditors have been paid and beneficiaries have received what they are owed in the will, the court can officially close the estate, and a judge can discharge the administrator from further duties.

Contact Us Today

At Sweeney Probate Law, we can help you work through the probate process and ensure everything is filed on time. Contact us to schedule a consultation and learn more about how we can help you.