When someone dies, the money and property that make up their estate will be distributed to their heirs. Usually, for those assets to be properly distributed, the estate must go through the probate process. This involves several steps, including proving the existence of a valid Will (if applicable), identifying and inventorying the property, appraising the property, paying debts and taxes, and then distributing the remaining property.
How Does Probate Work in California?
Here is the 6-Stage Probate Process™ in California.
Stage 1: Starting the Probate Case™
The first step in initiating probate proceedings is to gather information and documents for filing a petition for probate with the California Superior Court in the county where the deceased resided at the time of her death. Filing the petition will move to the next stage and trigger the court to schedule a court hearing within two months.
Stage 2: Appointing the Personal Representative™
In Stage 2, we mail notice of the court hearing and publish notice in a newspaper three times. It is also necessary to mail the notice to everyone named in the will (if there was one), along with all legal heirs of the deceased. The court issues probate notes that must be responded to and cleared. At the court hearing, if the court approves the petition for probate then the judge signs the Order for Probate, admits the will (if any) to probate, a probate bond may be required, and the court issues Letters. It’s the court’s issuance of Letters that moves us to the next Stage.
Stage 3: Estate Administration™
One of the primary duties of the personal representative is to take possession of all of the deceased’s assets, but only those that are subject to probate. The court requires an inventory and appraisal of the estate property.
Oftentimes, there is a house to sell so that debts and expenses can be paid, as well as providing a cash inheritance to multiple heirs.
Once the personal representative has provided notice to creditors, those with debts payable by the estate must submit a claim. If those claims are determined to be valid, they will be paid from the estate. All valid debts must be paid before other distributions can be made. This includes all bills, such as credit cards and hospital bills, as well as funeral expenses. California requires creditors to submit their claims within four months of the appointment of the personal representative.
The personal representative is also responsible for making sure all the decedent’s federal and state income taxes are filed and paid.
Stage 4: Winding Down the Estate™
Once all estate administration has been completed, then the estate is ready to wind down. Here, we gather information and documents to prepare an accounting and final petition. The final petition summarizes the estate and reports all actions taken on behalf of the estate. It also includes an accounting of all the financial transactions undertaken by the personal representative, unless all heirs waive an accounting. The final petition also includes the fees to be paid to the personal representative and the estate attorney, if applicable. The personal representative signs the final petition and it is filed with the court. The court will set a court hearing date.
Stage 5: Petitioning for the Final Order™
In Stage 5, we mail notice of the court hearing. The court issues probate notes that must be responded to and cleared. At the court hearing, if the court approves the final petition then the judge signs the Final Order allowing for distribution of the inheritance and payment of probate fees and costs.
Stage 6: Distribution and Discharge™
The final Stage is closing the estate. Here, the personal representative can distribute the remaining assets to heirs and pay any necessary fees. The final steps can include paying the last expenses, supplemental property taxes, and filing an income tax return for the estate. Once all receipts have been filed with the court, then a final request for discharge is filed with the court and if everything is in order then the judge will sign the discharge.
