If You Live In California, This Probate Information Is For You

Probate is the process of handling the estate of someone who dies. Probate ensures that whatever outstanding taxes and debts against the estate are paid and then the remaining assets are distributed to the heirs and beneficiaries of the estate.

The probate process begins with a request or petition to formally open the estate papers and name a personal representative who will be responsible for administrating the estate and controlling the estate's property. The court then prints an "Official Notice of Creditor" in the local newspaper and sends a "Notice of Administration" to each involved party. Any creditor then has a certain amount of time file a claim against the estate, based on date of the newspaper ad and other notification. The personal representative then collects all the pertinent information, pays any legitimate outstanding debts against the estate and distributes the remaining assets to the heirs and beneficiaries. Last, a petition for discharge of the case is filed and it is closed.

The above is a very simplistic sketch of what can be a complex legal process. It is always a good idea in such matters to consult the advice of an attorney who specializes in probate related cases. He or she may then recommend that you consult a certified public accountant or other tax expert.

The First Month

The first month you must file the original wills and codicils to the wills with the probate courts. The executor of an estate must petition the probate court within 30 days of the death or lose the right to be executor. Then, you must then publish the Notice of Petition to Administer the Estate a total of three times, the first being at least 15 days prior to the hearing. You must then mail the Notice of Petition to Administer the Estate and file proof of publication and proof of mailing, proof of will, all within the 15 days. You may be required to check the calendar notes at least two days before the hearing date and file an Order for Probate or probate bond. Any letter issued may be at the same time, or sent after filing for probate.

The Next Four or Five Months

The personal representative of the estate will have several tasks to perform in the coming months of the probate process. You must first apply for an Employer Identification Number, notify the Director of Health Services, open the estate bank account, arrange for the preparation of the income tax returns of the estate, inventory and appraise the assets of the estate. You must then mail a Notice of Administration to all creditors, pay the debts, list any property for sale with a realtor, and begin to market and sell any other assets needed to raise money. You will then file a Petition of the Confirmation of Property Sale, attend court hearings for any overbids, file Change in Ownership Statements with the county assessor for all real estate changing hands, and file income tax forms, if the estate is valued at $675,000 or more.

The Final Month

During the final month of probate, the personal representative will accomplish more tasks. You will file for Petition for Final Distribution, mail Notice of Hearings to the heirs and beneficiaries, and file any proof of such mailings. At the very end of the process, you will file Order for Final Distribution, oversee the transfer of assets to the heirs and beneficiaries, file any Receipts and Affidavits for Final Discharge.