Probate is where a decedent’s final
debts are settled, and legal title to property
is formally passed from the decedent to
his/her heirs. It is initiated in the county
of the decedent's legal residence at time
of death. Usually, the first step is taken
by the person named as Executor, or other
interested party who has the original Will.
This person needs to file a Petition for
Probate of Will and Appointment of Executor.
If there is no Will, someone must come forward
and ask the court to be appointed as Administrator,
instead of an Executor. Most often, this
is the surviving spouse or an adult child.
After the document's genuineness and validity
are established, the court issues an order
"admitting the Will to probate."
It is then recorded by the County Clerk.
Usually, this is a routine matter. Occasionally,
however, there might be an objection, which
would then have to be resolved by the courts.
For example, somebody might claim that the
document being offered to the court is actually
a forgery or out of date. Whatever the objection
or claim, it must be brought to the court’s
attention.
Once the Will is admitted to probate, the
process involves three basic steps:
- Collection, inventory and appraisal
of all assets that are subject to probate;
- Payment of taxes and creditors;
- Formal transfer of estate property according
to the Will, or by the state laws of intestate
succession, if there is no Will.
California Probate Law is not overly complicated
but it does involve a good deal of paperwork
that must be filed in a timely manner. The
CC LawGroup can help you avoid the many
possible tax traps and other problems that
could arise. Also, we can help you prepare
and file the legal documents and prepare
you for any hearings in court.
The CC LawGroup
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