PROBATING AN ESTATE*
If the decedent died leaving assets passing under a valid Will OR if the decedent died without an estate plan, then it could be time to step into the land of probate.
Judicial Self-Help Center is here to take each step with you and this is the path we walk.......
**The abbreviated list is below, other steps on the path may be required
Vocabulary
Understanding Your Words.... What do the Words Mean?
Administrator - a person who represents the estate when there is no Will.
Beneficiary - a person receiving property under a legal
instrument, Will, insurance policy, etc.
Community Property - property acquired during the marriage.
Creditor - a person or company who the decedent owed money.
Decedent - the person who died.
Executor - the person who represents the estate if there is a Will.
Heir - the person entitled to inherit under intestate succession laws.
Intestate - the process used when the decedent died without a Will.
Letters - the document which gives the estate representative power to act on behalf of the estate.
Quasi Community - the property acquired outside of California while the parties were married which is considered community property after the couple moved to CA.
Separate Property - the property obtain before marriage, by gift or inheritance, or after the date of separation.
Surviving Spouse - the decedent’s legal wife or husband.
Testate - the process used when the decedent died leaving Will.
Now that you are interested need a deeper meaning for each of the above words click here.....
Administrator - a person who represents the estate when there is no Will.
Beneficiary - a person receiving property under a legal
instrument, Will, insurance policy, etc.
Community Property - property acquired during the marriage.
Creditor - a person or company who the decedent owed money.
Decedent - the person who died.
Executor - the person who represents the estate if there is a Will.
Heir - the person entitled to inherit under intestate succession laws.
Intestate - the process used when the decedent died without a Will.
Letters - the document which gives the estate representative power to act on behalf of the estate.
Quasi Community - the property acquired outside of California while the parties were married which is considered community property after the couple moved to CA.
Separate Property - the property obtain before marriage, by gift or inheritance, or after the date of separation.
Surviving Spouse - the decedent’s legal wife or husband.
Testate - the process used when the decedent died leaving Will.
Now that you are interested need a deeper meaning for each of the above words click here.....
Step One
File Petition for Probate
File Waiver of Bond, if required
Obtain Court date with Notice of Petition to Administer Estate
File Duties and Liabilities
File Confidential Duties and Liabilities
Publish Notice of Petition to Administer Estate
File Proof of Publication
Mail Notice of Petition of Petition to Administer Estate
File Notice of Petition of Petition to Administer Estate
Have court Receive ORDER FOR PROBATE and LETTERS
File PROBATE BOND, if required
File Waiver of Bond, if required
Obtain Court date with Notice of Petition to Administer Estate
File Duties and Liabilities
File Confidential Duties and Liabilities
Publish Notice of Petition to Administer Estate
File Proof of Publication
Mail Notice of Petition of Petition to Administer Estate
File Notice of Petition of Petition to Administer Estate
Have court Receive ORDER FOR PROBATE and LETTERS
File PROBATE BOND, if required
Step Two
Obtain Certified copies of Order and Letters
Obtain Employer Identification Number
Open Estate Bank Account
Mail Notice to Director of Health Services
Mail Notice to Franchise Tax Board
Make a list of all estate Assets
Make a list of all estate creditors
Obtain a copy of decedent's last tax return
Obtain Employer Identification Number
Open Estate Bank Account
Mail Notice to Director of Health Services
Mail Notice to Franchise Tax Board
Make a list of all estate Assets
Make a list of all estate creditors
Obtain a copy of decedent's last tax return
Step Three
Prepare Inventory and Appraisal
Notify Creditors and deal with Creditor's Claims and other Debts.
Pay Creditor's Claims, if any
Arrange for preparation of Federal and State Income Tax return filed, if required
Prepare Notice of Proposed Action, if required
Notify Creditors and deal with Creditor's Claims and other Debts.
Pay Creditor's Claims, if any
Arrange for preparation of Federal and State Income Tax return filed, if required
Prepare Notice of Proposed Action, if required
Step Four
File Waiver of Account
File Petition for Final Distribution
Obtain hearing date on Notice of Hearing
Mail Notice of Hearing
File Notice of Hearing
Have court receive Order for Final Distribution
File Receipts of Distributee
File Affidavit for Final Discharge and Order
File Petition for Final Distribution
Obtain hearing date on Notice of Hearing
Mail Notice of Hearing
File Notice of Hearing
Have court receive Order for Final Distribution
File Receipts of Distributee
File Affidavit for Final Discharge and Order
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