After a person passes away, their estate may need to go through California probate. This process is called probate administration, and is best handled with the help of an experienced California estate planning attorney. Certain assets require court supervision for transfer, especially if the estate plan did not avoid probate. If the decedent died without a will, probate will also be necessary.
At Filippi Law Firm, P.C., our California estate planning attorneys are ready to help. We help you through this difficult period, all while protecting the assets your recently departed earned over their lifetime. We help you complete the process as quickly and effectively as possible, all while providing plain-English explanations as to what is happening at each step. Get in touch today.
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What Is Probate in California?
Probate is a process through which:
- The deceased person’s assets are identified
- Any debts are paid
- Taxes are paid
- Property is distributed to beneficiaries
In California, probate is handled in the Superior Court of the county where the decedent lived.
Probate is required when:
- The decedent owned real estate in their name alone
- Assets exceed California’s small-estate threshold
- There is no trust to avoid court involvement
- Financial institutions require court authority before releasing funds
Many people mistakenly think that, if they have a will, they don’t have to go through probate. That’s not accurate, but there are methods to help bypass the need for probate if your estate plan is structured properly.
The Role of the Executor or Personal Representative
The executor (if named in a will) or personal representative (if appointed by the court) is responsible for managing the estate throughout the probate process. Their duties include:
- Filing the initial petition
- Notifying heirs, beneficiaries, and creditors
- Gathering and safeguarding estate assets
- Obtaining appraisals from a court-appointed probate referee
- Paying valid debts, taxes, and expenses
- Preparing an accounting of all transactions
- Distributing assets according to the will
- Distributing assets according to California intestacy laws
The Probate Process in Rocklin, CA
While every estate is unique, probate in Rocklin generally follows these steps.
1. Filing the Petition
Probate begins when the executor files a petition for probate. In Rocklin, this is generally filed with the Placer County Superior Court. The court then schedules a hearing and appropriate notices are sent.
2. Appointment of the Personal Representative
Once the court approves the petition, it issues “Letters Testamentary” or “Letters of Administration,” giving the personal representative legal authority to act on behalf of the estate.
3. Inventory and Appraisal
The personal representative must identify all estate assets, including:
- Real estate
- Bank accounts
- Investments
- Personal property
- Business interests
A probate referee appointed by the state provides formal appraisals for most assets.
4. Creditor Notification and Debt Payment
California law requires the estate to notify known creditors and publish notice in a local newspaper. Creditors have a limited period to file claims. Valid debts, taxes, and administrative expenses must be paid before assets can be distributed.
5. Accounting and Reporting
The personal representative prepares a detailed accounting showing all income, expenses, and distributions. This report is submitted to the court for approval.
6. Final Distribution and Closing the Estate
After the court approves the accounting, the personal representative distributes the remaining assets to heirs or beneficiaries and files a petition to close the estate.
How Long Does Probate Take in Rocklin?
Probate timelines vary, but most cases in Placer County take 9 to 18 months. Factors that can extend the process include:
- Disputes among heirs
- Complex assets or business interests
- Real estate sales
- Creditor claims
- Tax issues
Contact an Experienced Rocklin, CA Probate Administration Lawyer for Help
Probate is a very structured legal process, but one you can navigate with the help of a knowledgeable attorney. Avoid many of the common pitfalls of trying to do it yourself. Ensure you comply with all of the complicated legal requirements and protect your assets at the same time.
Let the dedicated estate planning attorneys at Filippi Law Firm, P.C. review your case. Contact us today for a consultation.
