Probate Process In California
Probates are under the jurisdiction of the Superior Court of
California. If required, a probate would be established in the
County of the decedent's residence at the time of death, or in
the County where decedent owned property (real or otherwise) if
the decedent resided, for example, in another State at the time
of death.
Typically, an uncontested probate can be concluded within 8
to 10 months from the initial filing with the Court.
If the Decedent died with a valid Will which named an
individual to act as Executor, then such person would generally
be appointed by the Court to act in such capacity and Letters
Testamentary would be issued. These Letters Testamentary
basically give the Executor the same powers to act as if the
decedent were still alive.
If the decedent died without a Will or if decedent's Will did
not name an Executor, then the Court would appoint an
Administrator of the decedent's estate and Letters of
Administration would be issued. Again, these Letters of
Administration give the appointee the ability to handle the
decedent's affairs.
Opening Probate
The Probate Process: Step by Step The outline below is
designed to give a general overview of the many steps involved
in the probate process and how our firm guides you through the
requirements of the Court. Again, it is a very general look at
the typical issues that arise during the administration of an
uncontested estate.
Meet with client to gather pertinent information
regarding assets of estate and information regarding
decedent. Open files and conduct preliminary research.
Prepare Petition for Probate and Attachments regarding:
a. Declination of Co-Executor; b. Names, addresses and
relationships of all beneficiaries and other parties
entitled to Notice of the probate proceedings; c.
Declaration regarding lost original Will
Prepare Certificate of Assignment to be filed with
Petition (in Los Angeles and Riverside Counties).
Prepare Attorney Service Instructions for filing of
documents with Court and assigning a hearing date for the
same.
Arrange and/or confirm publication of Probate with
newspaper where decedent resided.
Prepare Notice of Petition to Administer Estate and send
to all parties with copy of Petition for Probate.
Prepare original Notice of Petition to Administer Estate
for filing with Court.
Prepare Letters Testamentary (or Letters of
Administration, as the case may be), Duties and Liabilities
of Personal Representative and Order for Probate. Meet with
client to execute the same prior to hearing on Petition for
Probate.
Prior to Hearing, review probate notes over internet
prepared by Court's Probate Attorney/Examiner to determine
any defects or additional information needed.
If required, prepare Supplement to Petition for Probate
and meet with client to execute the same.
Meet with Court's Probate Attorney/Examiner to submit
Supplement (if required), Letters Testamentary (or Letters
of Administration), Duties and Liabilities of Personal
Representative and Order for Probate. Prepare instructions
with each document for probate clerk to return certified
copies of the same to our office.
Appear at Hearing on Petition for Probate.
Complete Request for Taxpayer Identification Number
(Form SS-4) and contact Internal Revenue Service to assign
number to estate.
Prepare letter to Executor or Administrator concerning:
a. Establishing an estate account b. Notifying Creditors of
the estate c. Accounting records d. Future income tax
returns e. Asset Information f. Payment of probate costs for
publication, probate referee, etc.
Contact institutions where assets are located. Complete
all forms necessary to transfer or re-title estate assets
into name of Executor or Administrator or liquidate to cash.
Send the same to each institution with certified copies of
the Letters Testamentary (or Letters of Administration).
Prepare Inventory and Appraisal containing assets of the
estate and submit the same to the Probate Referee assigned
by the Court. Once returned, submit the same to the Court.
Prepare and send Notice of Administration to all
creditors of the estate. Prepare and file proof of service
with the Court.
Prepare and send Acceptance or Rejections of Creditors
Claims to creditors with check for payment and file the same
with the Court.
Prepare Petition for Final Distribution and formal
accounting (unless waived by all beneficiaries). Meet with
client to execute the same. If accounting is waived, then we
would need to prepare and send all Waivers to beneficiaries
for their execution and return.
Prepare instructions for attorney service regarding
filing of Petition and assigning hearing date.
Prepare Notice of Hearing and send to all parties with
copy of Petition for Final Distribution.
Prepare original Notice of Hearing for filing with the
Court.
Prior to Hearing, review probate notes over internet
prepared by Court's Probate Attorney/Examiner to determine
any defects or additional information needed.
If required, prepare Supplement to Petition for Final
Distribution and meet with client to execute the same.
Meet with Probate Attorney/Examiner to submit Supplement
(if required), and Order for Final Distribution. Prepare
instructions with each Order for probate clerk to return
certified copies of the same to our office.
Appear at Hearing on Petition for Final Distribution.
Instruct client concerning distribution of assets to
each beneficiary.
Prepare Receipts to send to each beneficiary with
reconciliation of assets of estate since filing of
accounting.
Prepare Application and Order for Final Discharge and
submit to Court with all original Receipts from
beneficiaries.
Send Final Discharge to client.
