Probate Law in California. The legal procedure that judicially determines the estate of a person after his death is known as probate. This procedure also involves the distribution of that person’s assets to his beneficiaries and heirs.
Under the California law, a personal representative or executor is responsible for administering the estate until a final distribution is made. Such administration occurs in the county in which the decedent lived at the time of his death.
According to this law, a judge can also pick an executor from a list of relatives or candidates appointed by the court if an executor is not named in the will of the decedent or there is no will at all.
The Probate procedure will start upon the filing of a petition and when the court requests a judge to determine an executor. This petition is generally filed by the executor named in the will. It contains vital information with regard to the decedent, his heirs, and the executor.
Then again, before an executor is determined, all parties who are involved have a chance to voice out their objections. This could have a huge impact on the determination of the executor. Nonetheless, the final decision still rests with the judge who is on the case.
Also, the California law also requires all parties to acquire a notice that states that the estate is on the probate process. This notice should also include a detailed list of proposed beneficiaries, potential beneficiaries, and the time and date of hearing to determine the executor of the estate.
After an executor has been determined, it would be his responsibility to gather all the assets of the decedent and make an inventory. He should also have the estate of the decedent appraised, pay his debts, file taxes, and allocate the assets to the beneficiaries and heirs.
It should be noted that probate is not free of charge in California. A probate lawyer is necessary in order for things to be organized and executed properly. An attorney should be hired to help all interested parties.
The price of probate depends on the value of the estate. For instance, an estate that is worth a hundred thousand dollars will need an administration fee of at least four thousand dollars. This fee will be used to compensate the executor for his administration of the estate.
Mortensen Law
Trust & Probate Attorneys, P.C.
22807 Lyons Avenue
Newhall, CA 91321
www.mortensenlaw.com
Santa Clarita Trust Lawyer
