How Does Probate Work in California?

Being in charge of probate can be emotional and confusing due to the complex and lengthy process. There can be disputes over wills, a large number of assets, or challenges in contacting beneficiaries. If you’re a personal representative who is responsible for managing an estate, it’s essential to understand the probate process in California. Despite its prevalence, many families ask, “How does probate work in California?”

What Is Probate?

Probate is the legal process that occurs when a deceased person’s estate is settled under court guidance and supervision. This process can include several key steps, including paying off any debts or taxes, identifying the deceased person’s assets, and distributing assets and property according to the wishes of the deceased. In 2022-2023, California had 42,152 filings for probate. California courts will oversee these steps to make sure everything is completed lawfully and, if there is a will, ensure that it’s honored.

The Executor’s Role in Probate

The executor of an estate is either named directly in the deceased person’s will or assigned by the court if there is no will. The executor must handle all legal and financial steps during the probate process. One of the first tasks they must complete is correctly filing the necessary paperwork to start the probate process. This includes submitting the will if one was written and petitioning a California court for a formal appointment.

Once it’s approved, the executor now has legal authority to act on behalf of the decedent and the estate. The fees for doing this can vary, and while it can usually be reimbursed by the deceased’s estate, it’s important to be informed of any cost fluctuation. Executors must also gather and value any estate assets. This process can be lengthy and involves contacting appraisers, securing property, and locating and accounting for any financial accounts.

They must also notify creditors and pay off any outstanding debts or taxes with estate finances before distributing assets to beneficiaries or heirs. Being an executor can be a daunting task and requires attention to detail since the role deals with legal and financial steps. If anything is mishandled or not fulfilled, they can be held personally liable.

The Probate Timeline

Probate in California can take about a year to complete. If the estate owes federal taxes, it can take even longer, up to 18 months. If it’s not complete by then, the personal representative is in charge of explaining to the court why it’s not finished and how much more time is needed.

If they don’t report it to the court, the beneficiaries or heirs can ask the court system to step in. The court can make the person representative give an update, take necessary steps to finish the probate process, or replace them. When an estate enters the probate process, it will generally follow these key steps:

1. The process begins with filing a petition in California’s probate court, which requests the appointment of an executor or administrator.
2. The court will then appoint an executor if one was named in the deceased’s will or an administrator if no will exists.
3. The executor will then identify the deceased’s assets, which can include property, bank accounts, investments, and physical belongings.
4. All heirs, beneficiaries, and creditors will then be informed of the probate proceedings.
5. Creditors can then submit claims for any outstanding debts, which will be paid using estate funds.
6. After debts and any taxes are paid, the remaining assets are distributed to beneficiaries according to the will. If there is no will, California’s intestate succession laws will allocate assets to the deceased’s heirs.
7. The executor will submit a final report to the California court. Once it’s approved, the estate is officially closed, and the probate process is complete.

Proper estate planning can help your loved ones have a smooth probate process. California holds 12% of the national net worth while only making up 12% of the national population. It’s important for all Californians to estate plan and have a will, so you can leave your net worth and legacy to whom you desire.

FAQs

Q: What Do I Need to Know About Probate?

A: Legal jargon can be confusing, but it’s important to understand probate terminology to navigate the process effectively:

• Executor: The person overseeing the deceased’s estate and the probate process
• Beneficiary: A person or entity legally entitled to receive assets from an estate
• Heir: A person who is legally entitled to inherit assets when there is no will
• Administrator: A person appointed by the court to oversee the probate process when there is no will

Q: How Do You Avoid Probate in California?

A: If you want to avoid probate after you pass, this can be done through various means. You could establish a living trust, hold property in joint ownership, and designate beneficiaries on your financial accounts. It’s important to choose the estate planning strategy that suits your individual situation. Consulting with Hillary Goebel will ensure your wishes and plan will be carried out, while avoiding unnecessary delays.

Q: How Much Does an Estate Have to Be Worth to Go to Probate in California?

A: If an estate’s value exceeds $184,500, it will have to go through the probate process in California. If the deceased’s estate is below this amount, it might qualify for a simplified transfer process, which allows heirs to claim assets without going through the lengthy probate procedure. If you are unsure of how an estate’s value will be determined, speak with a probate lawyer.

Q: How Long Do You Have to File Probate After Death in California?

A: In California, it is advised that you file for probate within 30 days of your loved one’s passing. Delaying the process can lead to legal complications and financial issues like the build-up of debts, disputes between heirs, and difficulty tracking down and preserving estate assets. If there’s property involved, it could delay tax payments or maintenance issues.

Speak With an Experienced Probate Lawyer Today

Losing a loved one is an incredibly difficult experience, and dealing with probate can make it even more overwhelming. California’s probate laws are intricate, and not being informed can make the process costly, lengthy, and stressful for those left behind.

If you are facing the process after the passing of a loved one, or if you want to be proactive in your estate planning, Hillary Goebel at Goebel Estate Planning, PC, can provide the guidance and legal support you need. Contact her today to discuss your specific needs and find peace of mind in knowing your loved one’s wishes are going to be honored.