Probate Instructions

Each probate requires an executor or administrator (also known as a personal representative), probate instructions, probate forms, and some expertise in probate laws. The individual who is going to act as the executor or administrator must first follow probate instructions and file a petition with required probate forms with the probate court pursuant to California probate laws. If there is a will, the petition must also include probate instructions. Probate instructions are a request to admit the will to probate as the "real will" under probate laws.
Once formally appointed, the executor or administrator of the estate typically must post a bond (unless waived through probate laws, or in the will's probate instructions). Once the bond is posted (if not waived by probate instructions pursuant to probate laws), the Court then issues Letters Testamentary for the executor, or Letters of Administration for the administrator. These letters give notice and probate instructions to third parties such as banks, stock brokerage houses and title companies that the person appointed has the power to deal with the decedent's assets under probate laws (and everyone finds out the decedent failed in avoiding probate).
As soon as the executor or administrator is formally appointed pursuant to probate laws and is issued letters and probate instructions, it is his or her job, generally with the assistance of a probate attorney, to do the following:
  • Gather all assets and possessions of the decedent along with the will and probate instructions.
  • Determine all liabilities or debts of the decedent and prepare probate forms.
  • Inventory all probate assets and the decedent's possessions.
  • Appraise all probate assets, probate instructions may be helpful.
  • Cash and bank accounts are appraised by the executor or administrator.
  • Real estate and stocks and bond are appraised by a court appraiser using standard probate forms.
  • Pay debts pursuant to probate laws.
  • Pay taxes (since the decedent did not succeed in avoiding probate.
  • The executor or administrator is required to file the decedent's final income tax returns pursuant to probate instructions and probate forms.
  • If the estate exceeds a certain level estate taxes will be due and will have to be paid as well (this would have been the advantage to avoiding probate...limited estate taxes).
  • Sell or liquidate any assets that are necessary or appropriate to be sold pursuant to probate instructions on proper probate forms.
Under California probate laws, at this stage, another probate petition has to be filed on yet another set of probate forms - this time to request distribution of the estate assets to the heirs and payment of reasonable fees to the administrator or executor, and the probate attorney. As part of this probate forms request for distribution, the administrator or executor is required to file a detailed accounting with the court and probate instructions, unless waived by all of heirs.
After the court orders distribution of the probate estate, the executor or administrator, must carry out the distribution order and probate instructions by transferring the assets to the heirs in the amounts or percentages designated in the will and probate instructions by the probate court order. He or she must also obtain probate forms receipts to prove that all heirs actually received what they were entitled to receive before they can be discharged of their duties under probate laws.
And last but not least (since avoiding probate was not achieved), the executor or administrator must file an income tax return for the probate estate once the estate has been settled and the probate instructions have been fully executed.