Probating an estate in California is a legal process that occurs in the county where the decedent was a resident at the time of death. Probate is the process that takes the assets within an estate and legally transfers them over to the heirs. In this post, you’re going to learn the basics of how to probate an estate in California.
Related: California Probate Tips: What You Need to Do After the Death of Your Loved One
Do All California Estates Go Through the Probate Process?
No, not all California estate go through the probate process Generally, estates that meet the State of California’s requirements are eligible to complete a small estate affidavit which shortens or even totally avoids the probate process.
Steps to Probate an Estate in California
When someone dies, one of the first steps is to try to locate a will. This is important because the probate court will want to see the will to determine whether it is valid. The probate process begins by completing some forms with the probate court in the county where the decedent was a resident of at the time of death.
Next, the probate court will schedule the first probate hearing. Sometimes, this could take a few weeks or even a few months. It depends on how many cases are active in the county. It is important to note that if the decedent owned property in another state, you may need to file a separate probate matter in that state.
During the probate hearing, the court will review the will, if there is one, and appoint the executor named in the will. If that person cannot or will not take on that responsibility, the court will name someone to fulfill the role. If there is no will, the court will appoint someone to act as the administrator of the estate.
Related: Choosing an Estate Personal Representative in California
The estate representative must do several things before the probate process will be considered closed. This includes posting a notice for creditors and potential heirs about the death in the right newspaper. They must also receive and review claims from creditors to determine their validity. Depending on the assets, they may also need to have certain items appraised.
Until all creditors, taxes, and probate fees are paid, the heirs may not receive their share of the estate (with the exception of certain assets not required to go through the probate process). Throughout the probate process, the executor is required to create and maintain certain reports that will also be turned over to the probate court.
How Long Does the Probate Process Take?
Generally speaking, the probate process doesn’t last more than a year. However, it can take longer. Issues that could extend the amount of time include locating heirs, fighting among the heirs, dealing with creditors, and contesting the will.
One way to simplify the probate process for your family is to take the time to create an estate plan that explains your wishes. It’s also important to name an executor who can get along with those who will be considered your heir. To learn more about how to probate an estate in California or to create an estate plan that meets your needs, schedule an appointment with an estate planning lawyer.