How to Navigate the Probate Process in California

What is a Will?
A will is a legal document that outlines a person’s wishes regarding the distribution of their property, the care of any minor children, and the management of their estate after death. It allows individuals to designate beneficiaries, appoint an executor, and help ensure that their intentions are followed after they pass away.

What is Probate?
Probate is the legal process of administering a deceased person’s estate. It involves proving the validity of the will, identifying and inventorying the deceased’s property, paying debts and taxes, and distributing the remaining property to heirs or beneficiaries. Probate is supervised by the court and can vary in complexity depending on the estate.

The Probate Process – Step by Step

Step 1: Finding the Will
The first step is to locate the decedent’s original will. This document will guide the rest of the probate process and must be filed with the probate court.

Step 2: Starting the Probate of the Estate
A petition must be filed with the probate court to officially begin the probate process. This includes submitting the will and requesting the court to open probate.

Step 3: Notice to Heirs and Interested Parties – Time to Contest
The court requires that notice be given to all heirs, beneficiaries, and interested parties. This gives them an opportunity to contest the will if they believe there are legal grounds to do so.

Step 4: Appointment of the Personal Representative or Administrator
The court appoints a personal representative (also known as an executor or administrator) who will be responsible for managing the estate throughout the probate process.

Step 5: Filing the Estate Inventory
The personal representative must compile a comprehensive inventory of all assets owned by the deceased, including real estate, personal property, and financial accounts.

Step 6: Payment of Claims
Creditors are given a period to file claims against the estate. Valid debts must be paid from the estate’s assets before any distributions can be made.

Step 7: Payment of Debts, Fees, Expenses, and Taxes
In addition to creditor claims, the estate must settle any remaining debts, including final medical bills, funeral costs, court fees, and any applicable taxes.

Step 8: Filing the Estate Tax Returns
If the estate meets the threshold for estate tax filings, the personal representative must ensure that state and federal estate tax returns are filed accurately and on time.

Step 9: Giving the Beneficiaries Their Money
Once all debts and expenses are paid, the remaining assets are distributed to the beneficiaries in accordance with the terms of the will or, if there is no will, according to state intestacy laws.

Step 10: Closing the Estate
The final step is to formally close the estate by filing a final accounting with the court and requesting an order for discharge of the personal representative, officially ending the probate process.

This step-by-step overview is a general guide. The probate process can vary depending on the complexity of the estate, the presence of disputes, and specific local court procedures. If you have questions about estate planning or need help navigating the process, our law firm is here to assist you.