1. File the will with the court within 30 days of death:
In California, the probate process begins when a personal representative files the Last Will and Testament of the deceased with a local superior court and submits a petition to open probate. If a valid will is provided, it must be filed within 30 days of death and accompanied by a certified death certificate
2. Initiate the probate petition
Initiating the probate process also involves filing other paperwork and obtaining an estate tax identification number from the IRS. The personal representative must provide information about all of the deceased’s assets, liabilities, beneficiaries and heirs in order to obtain the proper documents to initiate the probate process. They must also identify any creditors that may have claims against the estate
3. Set a hearing date
Once all of the necessary documents have been filed with the court, a hearing will be set for a specific date so that a judge can review it and make sure everything is in order before granting authorization for administration of the estate as per the terms of the will
4. Gather assets and file an inventory and appraisal form
The personal representative must locate all of the deceased’s property, including real estate, vehicles, jewelry and other items of value. The personal representative is then responsible for compiling a list of these items and filing an inventory and appraisal form with the court. This process can be complicated as it involves obtaining appraisals for certain types of property such as real estate or vehicles in order to accurately ascertain their market value. Additionally, it is important to note that all proceeds from sale of any property must remain with the estate until probate has been completed
5. Notify creditors and beneficiaries
Once an inventory has been filed, the personal representative must then notify all creditors of the estate and any beneficiaries that may be entitled to receive a portion of the deceased’s assets through probate. This generally involves sending notices to each party, informing them of their legal rights under California probate law
6. Pay taxes, debts, and expenses
The personal representative is responsible for paying off any outstanding taxes or debts that the deceased had at the time of death. This includes paying off credit cards, unpaid medical bills, mortgages and other loans that were in existence at the time of death as well as filing applicable tax returns with state and federal agencies. In addition to these payments, any administrative costs associated with administering the estate (such as attorney fees) must also be paid
7. Handle disputes or objections
In the event that any beneficiary or creditor challenges the validity of the will or the actions of the personal representative, it is their responsibility to handle those disputes and take whatever steps necessary to resolve them. This could involve attending depositions, mediations, and other legal proceedings in order to work out a resolution
8. Distribute assets to the rightful heirs or beneficiaries
Once taxes, debts and expenses have been settled, the remainder of the estate can be divided up amongst beneficiaries as specified by the deceased’s Last Will and Testament. The personal representative must ensure that each individual receives their designated share according to law
9. Close the estate with final paperwork
Once all of the aforementioned steps have been completed, the personal representative must then file a petition with the court to close out the estate and discharge them from their duties. This involves submitting certain paperwork such as a final accounting and inventory along with other documents that demonstrate that all debts have been paid and distributions have been made according to law.
10. File receipts for all transactions, payments, distributions, etc
Finally, the personal representative must keep a record of all receipts for any transactions, payments and distributions made on behalf of the estate. These documents should be kept in a secure place as they may be needed to prove compliance with probate law if there are any disputes or questions in the future.
