How Does Probate and Estate Administration Work in California?

Probate is the legal process whereby the courts take care of a deceased person’s assets. The court’s job is to validate the will (if there is one) so there’s confidence that the deceased’s wishes are known. If there is no will, then the court follows the law to prioritize the deceased’s spouse and children and ensure that creditors and taxes are paid. A probate attorney in Irvine, CA can help you in various ways, including careful estate planning, choosing an administrator well, or even acting as an administrator on your behalf if needed.

How Does Probate and Estate Administration Work in Irvine, CA?

Filing for Probate

The first step is to file with the probate court in the county where the deceased lived. This needs to be done within 30 days, and there are multiple forms that need to be filled out. At the same time, you’ll also need to publish a Notice of Petition to Administer Estate in the local newspaper. Copies have to be sent to all the beneficiaries of the estate a minimum of 15 days before the first probate hearing, and if you are the petitioner, you actually can’t mail any of these notices yourself. A third party who is not involved in the estate has to do it.

Appointing the Administrator

At the first hearing, the court will validate the will, and if it is valid, appoint the person named in the will as executor. If there is no will, then the court will choose an executor. Either way, the court will then issue special documents to the executor that give them authority to act on behalf of the estate. Often, the court will also require the executor to take out a bond, which is a bit like insurance that guarantees against mismanagement.

Appraise the Estate

The executor’s first job will be to list out everything in the estate and its value. The executor typically has four months to do this, and a court-appointed referee will have to appraise all assets that are not cash.

Settling the Estate

Once the value of the estate is known, the executor will need to make sure all taxes and debts are paid and deal with any creditor claims. Within four months of being appointed, the executor must notify all known creditors. Those creditors then have 60 days from the time they receive the notice to bring a claim.

Distributing and Closing

Once all debts and taxes are settled, then the remaining assets are distributed to the beneficiaries. This must be done according to the deceased’s wishes as expressed in the will or according to California intestacy laws if there is no will. Once that’s done, there’s a final hearing where the judge approves it all and the estate is formally closed.

Talk to a Probate Attorney for Help

The above summary is quite simple, and there are often challenges and hiccups along the way. Wherever you are in this process, a lawyer can help things go more quickly and smoothly. Contact The Probate House L.C. in Torrance, CA right away for experienced legal help throughout Southern California.

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