The probate process in California can be time consuming and stressful. There are some factors that simply may be outside your control as you plan your estate and during the estate administration process, such as whether you buy certain assets shortly before you pass away and your estate plan doesn’t include them. Estate administrators can’t control the court’s schedule. Depending on how busy the county probate court is, it could take a few weeks or a few months before the initial probate hearing is scheduled.
Yet, there are some things that can be done that have the potential to simplify the probate process in California. You’ll learn about those things in this post.
Related: Probate Cost: How Is the Cost of Probate Determined in California?
Make the Probate Process in California Easier by Having a Good Estate Plan
The very best thing you can do is to prepare for the probate process in advance. Make sure that you have a good estate plan that’s up to date. Unfortunately, too many people rely on free forms they find on the Internet. They edit them in a way they believe will help them. During the probate process, their family discovers that the documents aren’t considered valid under California law for one reason or another. Even the forms that boast they are state-specific may not be fully updated to current probate laws.
The best way to create a good estate plan that meets your needs is to talk with an estate planning lawyer. After learning about your situation, they can advise you on which estate planning documents will be most useful as well as how they will help you. They can also answer your question. Legal form sites can’t give legal advice. Whether you buy the document from a legal form site or get it for free, you’re on your own.
Having a good estate plan can significantly reduce the time and expense of the probate process.
Related: Estate Planning in California: Most Common Documents Used in a Simple Estate
Appoint the Right Executor or Administrator
Appointing the right executor or administrator can do wonders for simplifying the probate process in California. First, executors or administrators must be financially responsible and trustworthy. The person you name will have a lot of court-appointed duties that they must attend to such as ensuring that all of the expenses of the estate are paid before beneficiaries receive their inheritance. They may need to have certain items appraised. They may or may not have control over an established trust. Appointing someone who is capable of handling all of these responsibilities (and more) is crucial to an easier probate process.
The person you plan to appoint should be able to get along with others. A death in the family can cause more than just grief. It can also cause a lot of fighting. Choosing someone who already has a good relationship with at least most of the people who will benefit from your estate is extremely important. It may help cut down on fighting. Arguing and objecting in court can prolong the process. Of course, your administrator may not be able to smooth over every disagreement, but having someone who stands a good chance at navigating disagreements can be very helpful.
Related: What Are the Duties of an Estate Administrator in California?
Make Sure Your Executor Knows Where to Find Your Will
When you die, it will be the duty of your executor to provide a copy of the will to the California probate court in the county where you resided at the time of death. If your executor knows there is a will, but can’t find it, that can prolong the probate process as well as force the court to treat your estate as if you didn’t have a will. So, make sure that your executor knows where they can find your will.
Create a List of Creditors
Keep a running list of creditors to whom you owe money. This is important because the probate process in California involves notifying the creditors so that they may file claims. Keeping an updated list of creditors is extremely helpful because your executor will know where they should send the notice of your death. It can help cut down the time of the entire probate process.
Review Accounts for Appropriate Beneficiaries
We’re not just talking about life insurance (although you should make sure you have a beneficiary listed). We’re talking about checking accounts, savings accounts, retirement accounts, annuity accounts, and the likes. Naming a beneficiary that can access the money when you die can help protect those you leave behind. If these accounts are only in your name and you die without a beneficiary listed, the assets may be frozen. Your family may struggle until a judge issues an order that allows them to access the funds. Talk with your bank and other institutions about what you need to do to name a beneficiary or to set up a “pay-on-death” option.
The probate process in California isn’t easy, but we hope these tips help you minimize both the time and the expense of the process.
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