passing loved one

When a loved one passes away, the process of filing probate and managing estate administration can feel overwhelming. Specific steps must be followed before any assets can be distributed to survivors. This begins with filing the petition in court. This must be filed in the county in which the residents lived at the time of their death, and this is California form DE-111.

At this point in time, the court is formally notified that a hearing must be scheduled regarding this estate, and that hearing usually takes place within about a month.

If the deceased passed away with a will, a copy of the will must also be included with this filing, and in certain cases, a death certificate may also be required. The petition for probate comes with a $435 filing fee and other counties may charge more. Check out the court’s fee schedule online before heading down to the court. Then the following steps occur:

  • Publication of the notice of hearing
  • The first probate hearing in which an administrator is appointed
  • The will must be proven
  • Collecting assets
  • Making payments to creditors
  • Scheduling a second hearing
  • Sale of real property
  • Payment of estate taxes
  • Closing the estate

The number of assets and liabilities, as well as possible validity challenges, may all influence the timeline for processing probate. If you’re choosing someone to serve as your personal representative, you want to do as much as you can to leave things organized for them.

You can make things much easier for your loved ones by creating this material in advance so that they have access to a will when you pass away. Communicate with a California estate planning attorney today to discuss how this can help you and your loved ones.

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