California Probate Terms - California Probate Process

The process of dealing with the affairs of someone who has just died - a procedure known as probate - can be lengthy and confusing. Your first step is to find an experienced attorney - in California, the process of probate takes place in the Superior Court of the county where the person lived.

The process can be time consuming - depending on the complexity of the situation and the number of backlogged cases. In California, the average length of time is around eight months - although the process can also take up to several years. You may also have to wait until the courts have time to take on your case.

The deceased person's will generally names an executor - the person responsible for the overall administration of the estate and assets. If an executor isn't named - or the person named declines the job - California law dictates that the closest relative of the deceased be offered the position next.

The next step in the California probate process is to file a petition. The person who will be the executor of the deceased's will usually has the petition prepared by their attorney. The petition can be a complex document containing information on the size and value of the estate and details about the executor as well the heirs.

Staff at the Superior Court will then review the petition and the decision as to proceed will be made by the judge. As long as the information is presented accurately and legally, a petition will generally be approved - if it is denied, the person petitioning can appeal the decision.

An official Notice of Creditors is required to be posted in at least three separate issues of a local newspaper. California state law also requires that a notice is sent to all the heirs of the deceased, any beneficiaries and any proposed executors. The time and date of the probate hearing will be indicated on the notice.

One of the most important duties of the executor is to make a list of all the assets of the deceased. He or she would also have to pay any creditors, file any tax returns and pay any outstanding bills. Once this is all complete, a second petition is filed with the court requesting the distribution of the estate.

At this point, assuming everything is in order and all the paperwork correct, the court will issue an order to conclude the California Probate Process. At this time, any fees are paid and any other assets distributed - and the estate is officially closed.

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