Working as a Ventura County Real Estate Broker (I'm not an Attorney, nor a CPA), has taught me volumes about the Probate Process. Here's some of what I've learned...
When a loved one passes away, sometimes it's expected, and sometimes it's not. In either case, because the person owned property, there is a legal process that must follow. This process is called Probate. With the help of a sharp and experienced Probate Attorney, this process can be quite smooth. (Email me directly for my list of trusted Ventura County Probate Attorney's).
Probate Process in California - What Is It?
The probate process in California begins with a legal request (a "Petition"). This opens the estate, and decides who will be the "Personal Representative," for the deceadent's property. They will be the person who takes care of the remaining property. Next, an official Notice for Creditors is published in newspaper. Then a similar notice is sent to all the involved parties. Then, creditors are given a set amount of time to file their claims (amount owed) against the property remaining. The amount of time creditor's are allowed for this, is estimated in the published notice. Next, the Personal Representative pays all the debts owed, in the name of deceased person. In many cases when the property balance is more than initially thought, it may have tax liability. At that point, a CPA must be hired.
Whatever estate is left over after that, is then distributed to the close relative(s). Lastly, the "Petition For Discharge" is filed, and the estate is closed.
My summary above, is the normal California Probate Process. Of course, there are lots of smaller steps within my summary, but in a nutshell - that's it.
Here's a Quick 3-Phase Nut's & Bolt's Summary, On The California Probate Procedure:
Phase 1
- Original Will and Codicils are filed
- Legal Notice of Petition is published to the Administer Estate
- Notice of Petition is filed and published in the local newspaper
- Proof of Will and Codicils are filed for further enquiry
- A letter is issued to all interested parties.
Phase 2
- Application for Employer Identification Number
- Income tax return and other legal taxes are filed
- Opening estate bank account and arrange for tax returns
- Legal notice is mailed to debtors, and claims are cleared
- Approval or refusal of claims are made
- Property is listed for sale (by Temple Schneider-Callahan, RE BROKER)
- A petition is filed for Confirmation of Property Sale
- Court hearings are made and any final federal taxes are cleared
Phase 3
- Final petition is filed for distribution
- A notice is sent to heirs and beneficiaries
- Proof of mail is filed with court
- Final order of petition is filed
- Transfer of assets and properties is cleared
If there is a surviving spouse, or living relatives of the deceased, the property is distributed in a legal way among them without giving benefit to a single person. The California state law has the rules according to which the remaining estate is distributed. The court has the final verdict on the sale or distribution of property. If a bid is overbid by anyone during the hearing, then the property is transferred to the highest bidder.
So there you have it: My quick explanation of our probate process here in California. Thought it might help some of my clients, if they could read a description of the legal process. Because I'm not an Attorney, I advise you to speak with one directly to get more specific information on the Probate process. Also, you can find more procedure details in Sections 6400-6413 of the California Probate Code.
I have a list of trustworthy Probate Attorney's here at my office. Just e-mail me or call me and I will send you my list of Attorneys in Ventura County.
Temple Schneider-Callahan
Connect Real Estate Services
805-208-6024
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