Probate

– About Probate

In California, probate is the process of settling a deceased person’s estate and distributing the property to the heirs after debts are repaid. Depending on the county, probates in California take a minimum of 12 months and often take much longer.

Probate is opened in the decedent’s county of residence and involves the filing of several documents with the court, including:

• Petition (requesting appointment of executor if the decedent had a will or  administrator if there is no will)
• Original Will of the Decedent (if relevant)
• Proposed Order
• Notice to Beneficiaries and Heirs
• Inventory and Appraisal
• Affidavit of Publication
• Accounting
• Petition for Final Distribution

If the decedent had real property, the probate administration will involve filing required forms with the county assessor and possibly selling the property during the probate process. The Petition for Final Distribution requests an order from the court allowing the representative to distribute probate property to heirs or beneficiaries.

Is Probate Required?

There are some situations in which a formal probate can be avoided. For example, if the sole heir or beneficiary of the Will is the surviving spouse, a spousal property petition may be used instead of a full probate. If the estate is of low value, California offers a few different simplified procedures for claiming assets for the heirs: a small estate affidavit, a Petition to Determine Succession to Real Property, and an Affidavit of Real Property of Small Value. We can counsel you in understanding the options available to you.

Probate Process at a Glance

• lodge original Will (if relevant)
• file initial petition and related documents
• attend hearing on initial petition
• marshall, protect, and manage assets
• identify and pay debts of the estate
• prepare court accounting, if relevant
• file report and petition for final distribution
• attend hearing on petition for final distribution
• distribute assets per court order and file receipts with court

How can we help?

If you need assistance with a probate, contact us at 925-266-3449 or info@fidelitaslaw.com. You may also use our contact form. We will get back to you within 24 hours.