Probate

Probate administration (often referred to as just probate) is the legal process for transferring assets from a decedent to his or her next of kin. Probate administration is a Court process initiated by filing a petition with the Court.  During probate administration, the legal representative for the estate will be responsible for providing certain legal notices, complying with court and legal deadlines, and filing periodic reports with the court. Probate administration is generally disfavored because it is generally a long, complex, and expensive process.

Estate planning, estate and trust administration, conservatorships and disputes involving estates are all governed by the California Probate Code. Court proceedings related to these kinds of cases are heard in a specially designated department of the California Superior Court, known as the Probate Court. The rules and procedures that apply to this area of the law have been developed over time and are quite different from the rules and procedures that apply to other areas of the law.

While there are forms that you can use to complete the probate process without an attorney, many executors benefit from the experience of an estate planning attorney. At Bellator Law Group, we guide clients through this long, complex process and fight to ensure their interests are protected.

When someone dies without writing a will or a trust, their property will be distributed to their next of kin. This nearly always requires a formal probate, but the good news is that a probate proceeding will provide the structure needed to accomplish the distribution of the estate even when the person left no instructions about who is to receive her property. If the person has a surviving spouse or children, they will receive the person’s estate but not necessarily in equal shares.  If the person did not have a spouse or children, the court will look for their next closest relatives and distribute the assets to them. After a spouse and children, the person’s parents are next in line. If the person was not survived by their parents, but had brothers or sisters, they would receive the person’s estate.

In California, the executor of a will of the deceased must complete the probate process within one year of the day they are appointed or they must provide justification as to why they cannot complete the process within that time. However, the probate process can take anywhere between 18 months to 24 months, depending on the circumstances.