Probate in California initiates with a petition for court appointment of a personal representative and concludes with a petition for final distribution. This guide provides comprehensive insights into the entire probate process in California.
At the outset, the court designates a person to act on behalf of the deceased, known as an "executor" if nominated in the will, or an "administrator with will be annexed" if not, and simply an "administrator" in the absence of a will.
The Independent Administration of Estates Act is pivotal for those dealing with real property, enabling probate without a court auction, thus streamlining the process, saving time, and bolstering marketability.
Upon appointment, the personal representative receives "Letters" authorizing them to manage the deceased's assets and settle debts. Bond requirements may arise, potentially impacting appointment eligibility, although waivers are possible under specific conditions.
Within four months, the personal representative must identify and appraise assets. Subsequently, a second petition can be filed if all creditors are settled.
If a court auction is necessary, a request must be filed, triggering a hearing within 45 days. Comprehensive notice protocols are mandated, including publication in local newspapers.
For closure, a final petition is filed, presenting an estate account, distribution proposal, and authorization for representative and attorney fees. Following a hearing, if uncontested, the court approves the petition.
In summary, probate in California entails the transfer of real property under court supervision, commencing with appointment and culminating in distribution, spanning approximately one to two years.
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