Filing for Probate in California
San Ramon Probate Attorney Providing Legal Guidance
Probate is the process of legally validating a will of a deceased person and carrying
out the necessary actions over his or her estate. There are many steps
that are usually involved in the probate process, including ensuring that
the estate is used to pay any outstanding debts to creditor, ensuring
that assets are distributed to the appropriate beneficiaries and ensuring
that actions outlined in the will are properly carried out. If a case
needs to be handled in probate court, the person who has the will in his
or her possession at the time of the death (or the custodian of the will)
must follow certain steps in order to properly file a petition for probate. Our
San Ramon estate planning attorneys at Blackwell, Santaella & Jahangiri LLP have provided an overview
of the steps that are required for such a filing.
How to File a Petition for Probate
If there is a will after the estate owner's death, the custodian of
the will must start the probate process by taking a couple of actions,
as outlined on the
California Courts website. That person must take the original will to the clerk's office of
the probate court within 30 days of the death. The individual must also
make a copy of the will and send it to the executor. The custodian of
the can be sued if he or she does not take these actions as required.
The probate case is officially started once the "petitioner"
files a Petition for Probate in the California County where the decedent
either resided or owned property.
A few examples of the different options that are available for probate
filings include the following: Petition for Probate of Will and for Letters
of Testamentary, Petition for Probate of Will and for Letters of Administration
with Will Annexed, and Petition for Letters of Administration. These are
forms that allow the appropriate individual to distribute the estate.
The person filing a probate case will also need to submit other forms,
which is something a San Ramon probate attorney can help with.
What happens after the probate filing?
Once the probate case is successfully filed, a hearing date will be set
by the clerk and additional actions will be required of the petitioner.
The petition will need to notify the decedent's surviving family members
of the hearing, as well as any other parties who may hold any interest
in the estate. The petitioner will also need to take action to get the
hearing notice published in a newspaper of general circulation. From there,
further steps are taken for getting the paperwork reviewed, getting an
administrator or executor assigned to the state, and getting the estate's
assets and liabilities in order.
To learn more about the probate filing process, we advise you to
contact a San Ramon probate lawyer from our firm for assistance.