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JUDICIAL SELF-HELP CENTER

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

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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.....


Step One

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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        


Step Two

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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

Step Three

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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



Step Four

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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

Need more resources

Click here........
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