What is the California Probate Process? If a will exists, the person who made the will probably chose an administrator or executor. The court will appoint a personal representative in the absence of a will. Should the decedent have named an executor, the court will formally appoint that person. The court may also require proof for validation of the will.
Next, the court will ensure the will follows state requirements as far as signatures and witnesses. Next, the personal representative will identify, collect and inventory all the decedent’s assets. In almost all cases, these assets cannot be sold or distributed until the probate process is complete. A court-appointed probate referee will conduct appraisals. Then, debts and taxes owed by the deceased will be paid. Finally in the California probate process, the remaining assets will be distributed according to the wishes of the decedent if there is a will, or according to state law if there is no will.
Under the California Probate Code, there are certain types of simplified probate procedures available—known as summary probate. This simplified process honors the will of the decedent while distributing some or all assets. It also negates the need for full probate in court. This simplified procedure is not only quicker, but it is less expensive for qualifying estates.
Mark Gullotta Can Answer Your California Probate Questions
If you have questions regarding California probate, attorney Mark Gullotta can help answer those questions. With more than 17 years as an estate planning attorney, Mark can minimize surprises throughout the probate process. Mark Gullotta has been certified as one of the top attorneys of North America for the years 2015-2019. Mark Gullotta can help those with any type of estate planning assistance in the San Mateo County area, including San Bruno, Millbrae, Burlingame, South San Francisco, Daly City, Colma, and the City of San Mateo. Contact the Law Office of Mark Gullotta today.