What is the probate process?

The probate process is a legal process that is used to settle a deceased person’s financial estate. It is overseen by the court and is required in order to ensure the deceased’s estate is distributed in accordance with their last will and testament or state law. In California, the probate process begins with the filing of a petition in the local probate court, accompanied by the death certificate, will, and other estate documents. The court will then appoint a personal representative to manage the estate and see that the probate process is carried out. The personal representative is responsible for collecting and protecting the deceased’s assets and paying creditors, filing an inventory of the estate’s assets, and distributing the estate according to the deceased’s wishes. The personal representative must also submit periodic financial reports to the court and pay all applicable taxes on the estate. During the probate process, the court will hear any challenges to the will or other estate documents, as well as any claims against the estate, such as unpaid bills. Once all of these matters are resolved, the court will issue an order approving the distribution of the estate. The probate process can be lengthy and costly, so it’s important to ensure all of the necessary paperwork and documents are in place before the deceased’s death. An experienced attorney who specializes in trusts and estates law can help ensure the assets of the deceased are properly distributed according to the wishes and laws of the state.

Related FAQs

What are the duties of a trustee?
What is a special needs trust?
What is a trust amendment?
How do I set up a trust?
What is a trust indenture?
What is the probate process?
What is an inheritance tax?
What is a family trust?
What is a pour-over will?
What is a durable power of attorney for healthcare?

What is the probate process?

Related FAQs

Related Blog Posts