Tips for Navigating the Probate Process

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The loss of a loved one is an extremely emotional and overwhelming time as you are unable to grieve in peace until their estate has been dealt with. We want to ease this process for you so that you can focus your attention elsewhere, which is why we have gathered these helpful tips for navigating the probate process in California:

  • First, you will need to calculate the value of the probate estate by adding up the values of anything that did not pass outside the probate estate. This involves ascertaining the death value of all household items. Additionally, you will need to add the value of all checking, savings, retirement, and investment accounts. In calculating the total, do not subtract debts and mortgages.
  • How will you transfer the property? In California, you have three options. Your options in transferring the property are by an affidavit, a simplified probate process, or the regular probate process if the assets are valued at more than $150,000.
  • Next, you will need to obtain a petition for probate from the California Court’s website. If the individual left a will, you will need to choose the Probate of Will and Issues of Letters Testamentary petition. If the individual failed to draft a will, you will need an Issuance of Letters of Administration petition.
  • Once an individual has been appointed the Personal Representative of the probate estate, you are ready to go to court and complete the petition. You may need to fill out additional forms, including: Notice of Hearing, Notice of Petition to Administer Estate, Duties and Liabilities of Personal Representative, Letters, Notice of Administration to Creditors, or an Order for Probate.
  • Once the Personal Representative sets up an estate account, they can start collecting the assets after completing an inventory and seeking an appraisal.
  • Once the Personal Representative pays all bills and distributes assets, they can complete the Ex Parte Petition for Final Discharge and Order and wait for the Order closing the estate.

Contact Gaudy Law in Upland for all of your California legal needs. Whether you are in need of assistance through the probate process, creating a will or trust, or going over estate planning, we will provide you with the representation you deserve with one of our experienced probate attorneys in Upland.

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