California Probate Terms - California Probate Procedure

The procedure for dealing with probate in the California court system is not terribly different than the procedure anywhere else, however the entire process can be very complicated in general, and should be undertaken with the assistance of good legal counsel to avoid trouble. There are California probate procedures that must be followed correctly in order to ensure that you are not help legally responsible as the executor of the estate for mistakes, so make sure that you have good counsel or are otherwise very well informed before you decide to take on the task of probating an estate.

Once you have your legal counsel, file a petition for probate through your legal counsel. Once this is done, you and your probate attorney will follow California probate procedure in sending notifications through the mail to everyone named in the Will, or to all of the legal heirs of the deceased if there is no Will. You will also need to place a notice in the newspaper local to the deceased to give creditors a chance to file claims. The mailings are to give the heirs and legal inheritors of the deceased time to file claims contesting the Will or to contest your appointment as the executor and legal representative of the estate.

Once a couple of weeks have passed, you will return to court to have the official hearing to determine the validity of the Will. This process is usually simple unless the Will is being contested or there is some other question of the legality of the document. Once this is done, the personal representative will be appointed, and the hearing will be closed.

The next step in the California probate procedure is to take possession of the estate and the probate assets until all of the debts of the estate have been paid and all relevant taxes have been filed. This process usually takes about a year, and can involve complications such as the necessity of selling off assets of the estate in order to pay debts or arrange for the terms of the Will.

Once the debts are settled, the personal representative should file a report to the court that details the income and expenses of the estate. At this point, the judge should authorize you to take the next step in the California Probate Procedure and distribute the properties and assets according to the Will. The property is transferred to the new owners, and your task is complete.

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