The Probate Process
Probate in California is the legal process in which a Judge validates a decedent’s will or determines that the decedent died without a will.
Executor, Administrator, or Administrator with Will Annexed
The Probate Judge will appoint someone, usually at the start of process, who will be responsible for paying the decedent’s bills, paying taxes, collecting the decedent’s assets, and maintaining the decedent’s assets.
The person that the Judge has appointed is given the title of executor (the person may also be called the administrator or administrator with the will annexed depending on the circumstances of the case).
Federal Estate Taxes
If the decedent’s estate has a value of more than $11,400,000 (in 2019) then the estate must file a federal estate tax return and any taxes due must be paid within nine months of the date of death.
Creditor’s Claims
During the Probate process, the decedent’s creditors can make claims for repayment of debts. The creditors typically include credit card companies, medical providers, IRS, and the California Franchise Tax Board.
California law is very specific about when a creditor can file a claim and the procedure that the creditor must follow.
How are the Assets Distributed if there is a will?
The Executor or Administrator will collect all of the decedent’s assets and should, under most circumstances, obtain court approval to distribute the the assets remaining after payment of the decedent’s debts and taxes.
The assets will be distributed in accordance with the terms of decedent’s will.
How are the Assets Distributed if there is no Will (and no Trust)?
If the decedent died without a will (or a trust) then the administrator will obtain court approval to distribute the assets in accordance with the laws of intestate succession. Please contact me for a discussion of intestate succession.
How long does Probate take in Los Angeles County?
For Estates valued at more than $166,250.00, the Probate process in Los Angeles County takes approximately 12 months from the date that the Probate is filed. This process can take significantly longer when people file objections to how the Probate estate is being distributed.
How much does Probate cost?
Please click here for a brief explanation of the costs associated with a Probate matter.
Free Legal Consultation
E-mail me at Andrew@CaTrusts.com or call me at (323) 899-1530 for a free initial consultation in your home or office or in my West Los Angeles office to discuss all of your Probate needs.