In general, probate means that there is a court case that deals with:

Deciding if a will exists and is valid;

Figuring out who are the decedent’s heirs or beneficiaries;

Figuring out how much the decedent’s property is worth;

Taking care of the decedent’s financial responsibilities; and

Transferring the decedent’s property to the heirs or beneficiaries.

In a probate case, an executor (if there is a will) or an administrator (if there is no will) is appointed by the court as personal representative to collect the assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries (those who have the legal right to inherit), all under the supervision of the court.

All California probate courts, including Riverside County and San Bernardino County probate courts, protect the interests of individuals including the administration of estates after someone dies. In addition the courts protect the rights of minors or mentally incapacitated individuals. Probate is the court-supervised process where a decedent’s assets are collected and assessed, all debts and taxes are paid, and the remaining assets are distributed to the beneficiaries listed in the will. Due to the fact that the probate court reviews the personal representative’s handling of the estate, this supervision helps to protect the beneficiaries’ interests – which are one of the greatest advantages of probate, especially if there is a lack of trust between the beneficiaries and the executor.

The following is a list of some matters heard in our probate courts.

1. Transfer of propertyof people who have died.
2. Disputes about trusts.
3. Appointment of a person to oversee the finances and/or the care of an older adult or a developmentally disabled adult who cannot take care of him-/herself (Conservatorship).
4. Appointment of a person to oversee the finances and/or the care of a child whose parents are unable to care of the child (Guardianship).

Probating an estate occurs so that the court may supervise the processes in which a decedent’s assets are transferred from the estate of the person who has died, also known as the decedent, to his or her beneficiaries. The following is a list of petitions that may be used to probate an estate:

1. Petition for Probate
2. Spousal or Domestic Partner Property Petition
3. Affidavit re Real Property of Small Value
4. Petition to Determine Succession to Real Property

An Affidavit 13100 may be used to transfer liquid assets; however the guidelines presented through Probate Codes 13100-13115 must be met in order to qualify. The Affidavit 13100 is not filed at the Court and must be presented directly to the financial institutions where funds are being held.

If you wish to gain more information please contact me for a free consultation. I will spend time with you to answer your questions. From my office in Southern California, I represent families in all Southern California counties, including Imperial County, Los Angeles County, Orange County, San Bernardino County, San Diego County, others spread across the state and interested parties outside California.

To schedule a consultation, call me toll free at 800-575-9610 or locally at 760-989-4820. I enjoy meeting in person whenever possible, but am also available via Skype or through my online contact form.

Disclaimer: This article is intended to provide general information. The content of this publication is for informational purposes only. Neither this publication nor its author is rendering legal or other professional advice or opinions on specific facts or matters. No attorney-client relationship is created by this advisory, nor by any response to the information herein, unless and until a conflicts review has been conducted by William K. Sweeney, and a written agreement containing all terms of representation has been signed.

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