When a California resident dies, his or her property is usually included in his or her probate estate. This estate must be administered through the court system, in order for taxes and the claims of creditors can be paid. Then the remaining property or assets will be distributed to the beneficiaries of the deceased. Many clients ask how long is probate in California? The answer depends on a few factors that usually differ for each estate.
To learn more about the probate process and whether you can avoid it completely, sign up for a FREE seminar by clicking this link. Space is limited.
What Does the Probate Process Involve?
The probate estate includes any property that is in the decedent’s name alone, with no contract providing for transfer to a beneficiary. That means, the probate estate does not include trust property, insurance proceeds, or property held jointly with someone else.
Personal representatives, sometimes called executors or administrators, are those who are appointed by the court to administer the estate and carry out the orders of the probate court. Their basic duties include collecting the estate property and assets, and providing the court with an initial inventory. Those assets are used to pay expenses and the claims of creditors. Finally, the property that is left is distributed to the proper beneficiaries.
To learn more about the probate process and whether you can avoid it completely, sign up for a FREE seminar by clicking this link. Space is limited.
How Long Does the Probate Process Usually Take?
How long to get grant of probate? The probate process can take anywhere from six months to 2 years to complete. The length of the process depends on the size of the estate and whether there are any unusual assets that require special attention. Also, unexpected issues may arise that can prolong the process. When there is a will, the process is generally simpler because the administrator and heirs have already been identified in the will.
What Must Happen Before the Estate Can be Closed?
Before the estate can be closed, a notice of the final accounting must be sent to the beneficiaries and other interested parties, allowing them sufficient time to raise an objection. The last step is for the executor to present a final accounting to the court, which includes a detailed list of the probate assets, expenses, and the property distribution to beneficiaries.
When an estate is small, the executor may need only present one accounting to the court. The final accounting should show a zero balance. Once the court approves, and there are no objections from interested parties, then the estate is closed and the executor is discharged.
Is Probate Always Required with Every Estate?
Actually, it is not that difficult to avoid probate. There are some several options available to you, which will still ensure your estate is passed on to your heirs without going through probate. Some of these methods include revocable living trusts, pay-on-death accounts and registrations, joint ownership of property and gifts. Discuss all of your options with an estate planning attorney to determine what is best for you.
To learn more about the probate process and whether you can avoid it completely, sign up for a FREE seminar by clicking this link. Space is limited.
If you have questions regarding probate, or any other estate planning needs, please contact the Schomer Law Group either online or by calling us at (310) 337-7696.
- How Can an Incentive Trust Help Me Achieve My Estate Planning Goals? - September 4, 2023
- How Do I Prove Undue Influence in a California Will Contest? - September 2, 2023
- National Make-a-Will Month - September 1, 2023
