Probate in California involves a legal process that supervises the allocation of a deceased person’s estate. The law requires the executor or an interested party to file a petition to begin this procedure.
File A Petition: The executor or an interested party, like a spouse or child, files a petition with the probate court to initiate the probate process. If no will exists, the court appoints an administrator.
Inventory Assets: Gather and inventory all the deceased’s assets, comprising property, bank accounts, and personal belongings.
Notify Creditors & Heirs: Notify creditors and potential heirs about the probate proceedings.
Review Claims: Creditors submit claims against the estate, and the executor reviews and validates these claims.
Settle Debts: The executor uses estate assets to pay valid debts and taxes.
Distribute Remaining Assets: After settling debts, distribute the remaining assets according to the will or California’s intestacy laws. These statutes prioritize close relatives, such as spouses, children, and parents, to inherit the estate according to a set hierarchy.
Following the required steps ensures the correct settlement of the estate and honoring the deceased’s wishes. Though intricate, this process provides a legal framework for managing and distributing an estate.
San Diego Probate Attorneys
12626 High Bluff Dr Suite 440,
San Diego, CA 92130
(858) 333-8844
https://www.SanDiegoProbateAttorney.com/