A loved one died and I need help! |
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 What estate planning documents did the loved one have? |
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 Do I need to file a probate? |
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 What is probate? |
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Probate administration is best described as the system of last resort for distributing assets after death. When no alternative arrangements have been made, the probate court supervises the process where (i) assets are gathered, (ii) liabilities are paid, and (iii) remaining balances are distributed to heirs according to California law or your loved one’s directions in a will. The probate process starts when an interested party files a petition to administer an estate, either with or without a will, and the will is admitted to probate. Upon application, the court will appoint an executor, executrix or administrator (broadly referred to as a personal representative), who will be charged with managing the probate process for the heirs. The personal representative then gives notices to creditors, collects assets, and resolves any estate claim. Upon the conclusion of these steps, the personal representative must prepare a petition seeking distribution of assets. The petition must be sent to all interested parties and account for the personal representative’s activities. Once the petition is approved, the personal representative can distribute assets according to the court’s order and the estate is closed. The probate process is illustrated in the following chart. [link to probate flow chart] |
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| How long does probate take? |
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| How much does probate cost? |
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| Am I required to file a probate? |
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| What are probate assets vs. non-probate assets? |
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| Are there other reasons for filing a probate? |
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| How do I manage this process when I live far away? |
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| The bureaucracy is holding everything up; what can I do? |
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| The person in charge is being secretive; what can I do? |
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| It appears that there is stealing from the estate; what can I do? |
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| The will or trust was changed under suspicious circumstances; what can I do? |
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