California Probate Terms - California Summary Probate
If someone that you know has recently died and you have been named the executor of the estate in the Will or if you feel the call to become the personal representative of the estate, then you should know the steps required to file for probate and get the hearing underway to settle the estate as quickly as possible. Unless you have experience with probating estates in California, you should probably obtain the aid and legal counsel of a California probate attorney to help you through the often confusing process and ensure that no mistakes are made.
One of the first steps that you are required to take if you are probating an estate in California is to send out notices to each person mentioned in the Will or to each legal heir if there is no Will that the deceased has passed, that the Will exists, and that you intend to place yourself as the executor of the Will. This will give each of these people the chance to contest the Will or to contest your involvement in the execution of the Will.
These notices should be sent through the mail in the proper form, and should also be placed in the local newspaper for the deceased so that any heirs that you might have missed and any creditors can file their own claims and prepare for the probate process. The form that you have to use to send out the probate notice is specific, and should not be overlooked in importance. A good California probate attorney makes certain that notice is received by interested parties.
Once the probate notice has been mailed, California law requires that you file a claim with the court certifying that all interested parties have been notified, which makes you legally responsible for ensuring that everyone who should have gotten a notice did indeed receive one. Since this can be a difficult process, it is wise to hire a California probate lawyer to help you get through the probate and get on with life.
Sending out notices of probate may seem like a minor step in the long process of probate, but it is one that should not be taken lightly since it is the opening move in the entire court process of probate. Need more information on California Summary Probate?
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