July 15, 2018

What is Probate and What Does It Entail?

signing paperwork with a fountain paperwork

 

Probate is the process of transferring assets from a decedent to an heir. 

For those who die in California with assets over $150,000 and without a trust, or perhaps with an improperly funded trust, the only way to transfer title from a decedent to a beneficiary is through the probate process.

The first step is to file a petition for probate in California Superior Court and have a personal representative appointed.  If the decedent had a will that named an executor, the executor will likely serve as personal representative.  If the decedent did not have a will, the court will need to appoint an administrator.  The personal representative may be required to post a bond.

Once the personal representative is appointed, the Court will issue Letters Testamentary.  The Letters Testamentary will serve as proof that the personal representative can act on behalf of the estate of the decedent.

Thereafter, the personal representative needs to give notice to creditors and file an inventory and a final account and petition for final distribution.

After a loved one dies, it can be stressful to handle all of these matters on your own.  An attorney can assist you with this process and prepare all pleadings for you and file all necessary pleadings.

At Mendes Weed, LLP, we pride ourselves on taking care of our clients when they are in difficult situations so that we can help put their minds at ease.

 

Mendes Weed, LLP is here to help you if you have any questions.  (925) 390-3222.

The tips and materials provided on this page are for informational purposes only, offered as public service. No information on this website should be considered legal advice or used as a substitute for legal advice. For legal advice, you should contact an attorney directly.