Probate processes can get complicated in any state, and California is no exception. Although probate isn’t always necessary, the entire process can be expensive when it is. Executors of wills in California shouldn’t panic, though, nor should they neglect their responsibilities. This article will make it easier to understand what’s required.
What Is Probate?
Probate is the legal process by which the authenticity of a will is determined. The term can also be used to refer to the general administration of a will or, according to realtimecampaign.com, the division of a deceased person’s estate in the absence of a will. Executors can click to read more or find out about the basics below.
When Probate Is Necessary
The question now is, What Is in California’s Probate Code? California’s probate code specifies what happens during the probate process. Any Californian who becomes the executor of a will can refer to the code for a better understanding of what will be required should probate be necessary.
The good news for executors is that, in many cases, probate is not necessary. If a person owned assets in joint tenancy or as community property with a spouse, they don’t need to go through probate. The same goes for assets held in a living trust, a revocable living trust, and accounts that already have named payable-on-death beneficiaries. If the total value of a person’s probate estate is small, inheritors may be able to claim the assets with nothing more than a simple affidavit.
When to Hire a Lawyer
Technically, executors of wills are not required to obtain legal representation. With that said, it’s a good idea, in most cases, to at least schedule a consultation with a lawyer who is well versed in how to probate a California will. A firm such as CunninghamLegal has more information on the subject for those who feel in over their heads reading through and interpreting legal codes alone.
The Basic Process
When probate is necessary, the executor of the will must begin the process. If there is no will, a family member is usually appointed the administrator of the estate. The term is different, but the job is the same.
An executor’s responsibilities begin with filing the will with a Petition for Probate with the county probate court and paying the court filing fee. Depending on the county, there may be other forms to file at this point, as well. During the probate process, the will must be proven valid by having witnesses sign a sworn affidavit. When all the paperwork has been filed, the court issues a Letters Testamentary that appoints the executor and grants the person authority over the estate’s assets.
Once the executor has been granted authority, he or she must begin gathering the deceased person’s assets. Executors must set up a filing system to avoid overlooking benefits or bills, request a taxpayer ID number, and open a bank account for the estate. He or she will also need to compile an inventory and appraisal of probate property and file it with the court. It’s also the executor’s job to keep assets safe during the probate process.
Get Started ASAP
Probate takes some time. Appointed executors or administrators should start getting organized as soon as possible. Don’t be afraid to retain a lawyer who can help.
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