Probate is the legal process through which the court settles a deceased person’s estate under supervision. In California, this process follows the decedent’s will or state law regarding debt payments and asset distribution. If you’re going through probate with a loved one, it is helpful to understand a breakdown of what to expect during the process.
Initiating probate
The probate process begins when the executor named in the decedent’s will, or an appointed administrator, files a petition with the superior court. This initiates the legal proceedings to validate the will (if there is one) and appoint a personal representative to manage the estate.
Notification and inventory
Once appointed, the personal representative must notify heirs, beneficiaries, and creditors about the probate proceedings. They are also responsible for taking inventory of the decedent’s assets, which may include real estate, bank accounts, investments, personal property, and business interests.
Debts and taxes
During probate, creditors have the opportunity to make claims against the estate for outstanding debts. The personal representative is responsible for identifying and paying valid creditor claims using estate assets. This may involve selling assets if necessary.
Distribution of assets
Once debts, taxes, and administrative expenses are settled, the court distributes the remaining assets to the beneficiaries according to the terms of the will or California’s intestate succession laws. This distribution requires court approval to ensure compliance with legal requirements.
Navigating the probate process can feel complex and time-consuming. It may often require legal expertise to ensure compliance with state laws. Understanding the steps can help both executors and beneficiaries involved in probate proceedings.