California Probate Terms - California Probate

When it comes to California Probate, the entire process of transferring an estate to those heirs with a rightful claim is a lengthy one. There are several steps that must be taken in order to transfer an estate to those heirs:

1. Finding, gathering and determining value of the deceased's property.
2. Paying off the deceased's outstanding debts and taxes.
3. Distributing the remaining estate property to those found to be proper, legal heirs.

Oftentimes, a court will oversee this entire California Probate process. However, most of the work done in these three steps actually falls to a person who is called an executor, or administrator, to the deceased's estate, with the assistance of a qualified and knowledgeable attorney to help guide decisions.

When the executor of an estate is listed in the deceased's will, the court has to validate that person's right to legally work on the distribution of the estate. A court hearing establishes the validity of the person listed in the will. In the event that no executor or administrator is listed in a will or other legal document, any person who wishes to act in this capacity applies for the position with the court. Until the court confirms a person, though, no work can be done in respect to the California Probate process. If someone takes it upon themselves to take any actions involving an estate before the court formally appoints them as executor, that person may be held liable for any of their actions personally.

If you plan to deal with California probate, all the rules you will need to know can be found in the California Probate Code and any local rules created by individual superior courts in the state, due to varying tax codes and local regulations. There are a great deal of rules found in the California Probate Code, and each and every step and task completed must follow these requirements set by California law.

There is some property that does not fall subject to California Probate, however. A good example of this is life insurance policies held by the deceased person. This will pass to the beneficiary listed on the policy without any court hearings or approval. Other items are "living trusts" and jointly owned property, both of which normally are not subject to California Probate.

All of the above may sound rather easy, but there are a lot of codes which must be followed during a California Probate process. Having a professional, knowledgeable attorney to help you with the steps involved may save you time and money in the long run.

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