Probate:
Probate is a court, orderly process of winding up the affairs of a loved one. The time it takes to complete the probate process differs from jurisdiction to jurisdiction. In California, depending on the county and court house where the probate petition is filed, the process could take as long as one to two years.
Filing The Probate Petition:
Although, Calfiornia Probate Code establishes a right to priority for serving as personal representative, anyone may file the initial petition to start the probate process. Typically, the person filing the petition is usually the person requesting to be appointed as personal repreentative over the decedent's estate. Once the initial petition is filed an initial court date is set for ordering the probate to go forward. All heirs, beneficiaries, legatees or devisee that are known and can be located must be given notice of the filing of the probate petition and the pending probate hearing date.
Power & Authority:
At the hearing on appointing a personal representative, the court will vest the person named in the probate petition with certain powers. The probate petition will usually request that the court grant the personal representative independent powers with full or limited authority. With full authority the personal representative may take actions without obatining court approval. However, the personal representative should always file a notice of proposed action. With limited authority the personal representative can take regular routine actions, but would need court approval to do other things such as sell real estate that's part of the decedent's estate.
Creditors Claims:
In California, the apppointed personal representative, must give notice to all known contingent credtiors of the decedent's estate. One method of giving general notice occurs when the probate petition is first filed and published, as there must be a publishing of the probate petition in a local newspaper with a specified circulation volume. The other way of giving notice involves directly notifying the creditor by sending it a copy of a document entitled "Notice of Hearing." The time period in which creditors must be given notice and allowed to submiti their claims is known as the Creditor's Claim period. In California, this is a four month period from the time the order on the probate petition has been issued, and if required, bond posted.
Assets & Distribution To Heirs:
What assets are part of the decedent's estate and are subject to probate, will be determined by whether the decedent left a will, trust or neither. Generally, in California any real property valued at more than $20k is subject to probate, especially if it is titled in the decedent's name alone. Any property, real or personal, titled in the name of joint tentants usually passes to the surviving joint tenant, of course, however, that can be modifide pursuant to any legal document. Persons that are entitled to a distirbution of the decedent's probate estate, whether in kind, or cash will be so designated in a final document entitled petition for final distribution. Call masonlawyers 310-860-7798 or click " Here" to email us.
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