Probate

Probate

about service

Probate is simply the legal process your estate goes through after you pass away. During this legal process, the court will start to distribute your estate to the proper heirs. The entire procedure can take between 9 to 18 months, sometimes even longer. Probate is always easy if you have a Will and/or Living Trust which clearly establish your desires. These help most by naming your Beneficiaries and an Executor.

AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY

Affidavit for Collection of Personal Property form is used to assemble the personal property assets of a deceased person.

There are some conditions:
• The gross value of the decedent's estate is less than $150,000.

• No one in California or any other state has filed any papers with a court asking to be the decedent's personal representative.

• If the decedent owned real property as an individual, an inventory and appraisal has been completed and signed by an appointed Probate Referee.

• The person(s) signing the affidavit/declaration is the person entitled to collect the property and no one else has a superior right to the property.

• At least 40 days have passed (or will have passed) since the death of the decedent.

• The decedent was a resident of California.

Personal property can include items such as insurance policy proceeds, bank accounts, mutual funds, mobile homes, and rented storage units. It depends on the institution holding the property, it may not be familiar with California's Affidavit for Collection of Personal Property procedure and may need "letters" or "Letters Testamentary." You can check with the institution to ensure that it will recieve the Affidavit.

INVENTORY AND APPRAISAL
An Inventory and Appraisal is a total listing of the assets of the decedent conservatee as of a certain point in time. Non-cash assets (real property, vehicles, etc.) are assessed by a California approved probate referee. If there is real property, a copy of the most recently recorded quitclaim or grant deed showing the full legal description of the property will be needed to complete the documents.

Appraisal Package includes the following standard forms:

• Inventory and Appraisal

• Notice of Filing of Inventory and Appraisal and How to Object to the Inventory or the Appraised Value of Property/Proof of Service


PROBATE WITH WILL
Probate with Will is used to transfer title of real and personal property of any value. The Probate with Will can be used with any size estate and any type of property. It also can be used in any situation where Letters Testamentary are required to settle the estate of deceased person who died with a will and there is an executor named in the will who is willing to act in that capacity. There are many steps to during the process - including publishing the notice of administration in the Legal Notice section of the local newspaper where the decedent died. The responsibility of the Petitioner is to make sure that publication happens in the right newspaper and done in time. This should happen before the first hearing.

PROBATE WITHOUT WILL
Probate with Will is used to transfer title of real and personal property of any value. The Probate with Will can be used with any size estate and any type of property. It also can be used in any situation where Letters Testamentary are required to settle the estate of deceased person who died without a will. Managing the estate of a deceased person usually takes six to nine months; there is a mandatory 120-day creditor claim period that begins when the Administrator is issued Letters of Administration. It can take several months to get a hearing and it depends on the County in which the Petition is presented.

LETTERS OF ADMINISTRATION WITH WILL ANNEXED
Letters of Administration with Will Annexed is used to transfer title of real and personal property of any value. The Letters of Administration is for use with decedent's estates where the decedent died with a will, but the will either does not name an executor or the named executors choose not to be in that capacity. Managing the estate of a deceased person usually takes six to nine months; there is a mandatory 120-day creditor claim period that begins when the Administrator is issued Letters of Administration. It can take several months to get a hearing and it depends on the County in which the Petition is presented. There are many steps to during the process - including publishing the notice of administration in the Legal Notice section of the local newspaper where the decedent died. The responsibility of the Petitioner is to make sure that publication happens in the right newspaper and done in time. This should happen before the first hearing.

SPOUSAL OR DOMESTIC PARTNER PROPERTY TRANSFER
Spousal or Domestic Partner Property Transfer is used to transfer title of real and personal property of any value to the surviving spouse or domestic partner of a deceased person. It is a clarified type of probate, and takes much less time. Spousal Spousal or Domestic Partner Property Transfer is for use with decedent's estates where the decedent's property was held, without a specific designation. Transfer of property between a decedent and surviving spouse that was held as "community property" or "community property with rights of survivorship" can be finished using a Affidavit of Death of Spouse form.

TRANSFER OF REAL PROPERTY VALUED AT $50,000 OR LESS

Transfer of Real Property Valued at $50,000 or Less is used to transfer title of real property with the following conditions:

• At least six months have passed (or will pass) since the death of the decedent.

• No probate proceedings are pending or have been conducted in California.

• The decedent's funeral expenses, last illness expenses, and all unsecured debts have been (or will be) paid.

All parties having an interest in the decedent's property should sign the Affidavit. Once properly signed and notarized, the Affidavit can be filed to the Court in the County where the decedent was a resident at the time of death. If the decedent was not a California resident, it must be presented in the County where the real property is located.

TRANSFER OF REAL PROPERTY VALUED AT $150,000 OR LESS

Transfer of Real Property Valued at $150,000 or Less is used to transfer title of real property with the following conditions:

• At least forty days have passed (or will pass) since the death of the decedent.

• No probate proceedings are pending or have been conducted in California.

• The gross value of the real and personal property in the decedent's estate does not exceed $150,000.

All parties having an interest in the decedent's property should sign the Affidavit. Once properly signed and notarized, the Affidavit can be filed to the Court in the County where the decedent was a resident at the time of death. If the decedent was not a California resident, it must be presented in the County where the real property is located.