Probate Process In California
Opening Probate
Administering Probate
Closing Probate
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.