When a loved one passes away, their estate must go through a legal process known as probate. This process is overseen by the probate court and involves appointing an executor to manage the estate, locating and assessing assets, paying creditors, filing taxes, and distributing assets to heirs. In this article, we'll explore what happens at a California probate hearing and how you can prepare for it. The probate court's role is to ensure that the decedent's wishes are followed to the letter. If there is no will, the court will distribute the assets according to California law.
The person requesting appointment as executor may be able to legalize the inheritance without hiring an attorney. At the initial probate court hearing, the judge may require a bond if certain items have not been completed. The personal representative must identify, take possession of, and manage probate assets until all debts have been paid and tax returns have been filed. Probate attorneys can also represent beneficiaries who wish to challenge the will or the person appointed as personal representative at the probate court hearing. In most cases, the person seeking appointment as a personal representative (executor or administrator) hires an attorney with experience in probate matters to prepare and file a probate petition.
This means that you must remain alert for that period of time and you will not be able to access any element of the estate until the probate court has finished the probate process. The probate court usually has 2 to 3 different court hearings, unless you go back to the judge and request an early distribution of your estate before the final distribution. If you are a beneficiary of an estate without a will, this does not necessarily mean that you have to go through a probate process. Even if there is a will but beneficiaries have not been named in all accounts, then the estate will still need to go through legal proceedings. The estate advance does not provide probate loans, inheritance loans, or estate loans, but rather an advance on a portion of the income transferred to Inheritance Advanced. Another situation is when the estate is small enough to qualify for a non-formal legalization of probate or administration of smaller assets.
For succession to begin, the executor or personal representative must file an application with the court in the county where the deceased lived. In terms of California taxes, it is up to the executor to file any necessary state income tax returns, state trust income tax returns during succession period, and gift tax returns. Navigating through a California probate hearing can be complicated and time-consuming. It's important to understand what happens at each stage of the process so that you can prepare accordingly. With an experienced attorney on your side, you can ensure that your loved one's wishes are followed and that their estate is handled properly.
Key Takeaways
- The probate court oversees the legal process known as probate.
- The court's role is to ensure that the decedent's wishes are followed.
- The personal representative must identify, take possession of, and manage probate assets until all debts have been paid and tax returns have been filed.
- In most cases, it's best to hire an attorney with experience in probate matters.
- It's important to understand what happens at each stage of the process so that you can prepare accordingly.
