California Probate Lawyers Explain Probate Court

THE CALIFORNIA PROBATE PROCESS AND PROBATE COURT.
The probate court process can be very simple or very complex depending on particular circumstances. Complexity depends a number of factors, such as the value and nature of the decedent's property, whether or not the property is easy to locate, and the extent to which beneficiaries cooperate with the probate attorneys California and probate court. We attempt herein to explain the probate process and probate law for persons who die in California and are therefore subject to the jurisdiction of the California probate court.
California probate law allows estates with property under $100,000 to be resolved outside of the formal probate court and probate law process. In California, parties in interest to a probate court matter can get help with the probate process by visiting California probate attorneys McFarlin & Geurts, LLP.
"Probate court" is a department of the California Superior Court, which is the court that hears probate matters, administers probate law and generally oversees the probate process. In addition, probate estates that exceed $100,000, typically go through a different probate process (under California probate law) than those which do not exceed that amount. In either case, it is the California probate court that applies the appropriate probate law to complete the probate process. Although California probate attorneys are not technically required in probate court, the probate process can be complex, confusing and frustrating if you do not have a background in probate law, so it is usually advantageous to seek counsel from qualified California probate attorneys to represent you in probate court. Believe it or not, hiring California probate attorneys almost certainly save you money in the end.
PROBATE LAW DEFINITIONS: In probate court the individual who died owing property is called the "decedent". If the decedent executed a last will and testament (usually simply called a "will"), the person who is identified in the will to manage and administer the decedent's probate estate is called the executor. The executor is often represented by California probate attorneys in order to ensure compliance with California probate law as well as to fulfill his or her fiduciary duties both to the probate court as well as beneficiaries throughout the probate process. The executor is obliged to file the decedent's will with the probate court as a normal part of the probate process. In addition, it is the executor who (often through California probate attorneys) files the petition for probate of the will with the probate court and for appointment as the executor of the probate estate pursuant to California probate law as an important part of the probate process.
If the decedent has not executed a last will and testament, his or her property will still be settled through the same probate court, but will go through a slightly different process under California probate law. In these instances of intestacy (which is the legal term used when a person dies without a will), the individual appointed by the probate court to oversee probate process of the probate estate is referred to as the "administrator" of the probate estate (not the executor) of the estate. It is acceptable for California probate attorneys to fulfill these duties on a family's behalf. The common term "personal representative" can be used in probate court to refer to either a probate executor or a probate administrator, this gets a bit confusing but of course California probate attorneys can assist with the probate process. Although the probate law does not require a person to hire a California probate attorney to represent them in probate court, the probate process can be complicated and an experienced California probate attorney can prove to be indispensable, and typically can be paid from the estate (similar to a contingency fee), rather than the heirs coming "out-of-pocket" upfront.
Under the normal probate process, the probate court sets a hearing after a probate petition is filed for a will and appointment of the personal representative and recognizes California probate attorneys who may become involved in the matter. The probate court then makes a determination as to whether the last will and testament is valid under California probate law, who the decedent's heirs are (or should be under California probate law), and whether the decedent's family members and other beneficiaries named in the last will and testament have been notified properly of the probate proceedings as required by California probate law. California probate attorneys typically represent the estate, or the probate executor or probate administrator of the estate, however, any interested party may hire a California probate attorneys to protect their interests in probate court.
The actual probate process may be entirely completed in as little as six months with the probate court if the decedent's assets and debts are straightforward, there are no conflicts between family members and other claimants, and everyone agrees to cooperate with probate law. Of course if the objective is speed and efficiency, California probate attorneys may be a good option to expedite the probate process. The probate executor or administrator, usually with the assistance of his California probate attorneys, must prepare an itemized list of all the decedent's property for the probate court after they are appointed by the probate court under California probate law. As you might suspect, this is referred to as creating an inventory of the probate estate. The California probate attorneys will then send the inventory to a California probate referee (who is appointed by the probate court as part of the probate process) for an appraisal to be completed pursuant to probate law. The California probate referee's duty is to establish a value of the non-cash probate assets and return the inventory list to the California probate attorneys for filing with the probate court.
Under California probate law, the probate executor or administrator is obligated to keep careful track of all the probate assets, income, and expenses during the probate process for the probate court. The probate executor or administrator must also file an "accounting" with the probate court (often prepared in cooperation with probate attorneys California). This probate accounting is reviewed strictly by probate examiners and the probate court. If the probate estate is large or contains unique (and difficult to value) assets, or if the California probate court must resolve disputes, the probate process can become complex and, in some cases, adversarial under California probate law. If the probate process does become adversarial (assets to fight over), having representation by qualified California probate attorneys becomes essential. If a party in interest suspects an estate will be disputed securing the services of California probate attorneys early can make an important impact on the probate process.
When all the probate assets have been accounted for, estate property can be sold if necessary, bills and taxes can be paid, and any disputes can be addressed with the probate court. After this, the probate court can close the case which formally concludes the probate process under California probate law.
To close a probate estate, California probate law requires the executor or administrator file a petition with the probate court to recount what actions were taken, request a probate court order to distribute assets, and request formal probate court approval of his executor or administrator fees to end the probate process. If California probate attorneys are involved, the executor or administrator will also ask for approval of the California probate attorneys fees as part of the probate process.
California probate law sets the routine amount that is allowed for probate attorneys California and executor or administrator fees by the probate court. California probate law uses a percentage of the value of the probate estate to determine this reasonable amount. If the probate executor or administrator or the California probate attorney has undertaken unusual or extra work during the probate process, he can even request to be awarded extra fees for this work by the probate court.
The probate court will review executor or administrator and California probate attorneys fee requests to ensure the fees are calculated correctly and to ensure any extra fees are reasonable given the work performed during the probate process. If the decedent had a last will and testament, the will typically specifies (if it was prepared by California probate attorneys) how the decedent wanted his or her property to be disbursed in the probate process. The probate court will honor those wishes. If the decedent did not execute a last will and testament, the probate estate will be distributed according to the California Probate Law (the California Probate Code). Family members and blood-relatives typically take precedence over non-family members or other loved ones. California Probate court examiners review the probate petition for distribution to ensure the executor or administrator is following California probate law and the terms of the decedent's last will and testament (if there is one).
When all the probate assets have been disbursed to beneficiaries and the estate debts have been paid as ordered by the probate court, probate proceedings will end and the executor or administrator (and his California probate attorneys) can ask the court to discharge them from their respective roles under probate law. Please note, the above is just an overview of the probate process generally, California probate law is complex and it would be impossible to provide anything close to a complete explanation of the entire probate process, with all its nuances, in such a setting. Of course, California probate attorneys such as McFarlin & Geurts, LLP can assist executors and administrators stay compliant with California probate law, or represent other interested parties in probate court.