In order to settle a California estate, the personal representative or heir must obtain the court’s permission to carry out their duties. Therefore, they must petition the court for either letters testamentary or letters of administration for this permission. Read on to learn more about letters testamentary and how to obtain an order to administer your loved one’s estate.
In a routine probate proceeding, the court will typically set the first probate hearing about six to eight weeks after the filing of the probate petition. Sometimes, there may be special circumstances where an administrator needs to be appointed immediately. In this case, it is possible to ask the court for emergency Letters of Special Administration in Probate. These emergency Letters will give an individual temporary but immediate authority to act on behalf of the probate estate.
In order to get Letters of administration, a full probate is filed that requests the court to name as personal representative of the estate. The court issues Letters of Administration when there 1) is no will; 2) when there is a will, but the will doesn't name an executor; or 3) the named executor is deceased and there is no alternate person named to act.
There are several simplified probate alternatives that avoid the formal probate process in California. A small estate without real property may be settled by filing a simplified probate affidavit. Spousal community property may be transferred through a spousal petition. Real property under $166,250 can be transferred by filing a small estate proceeding. Identifying the right simplified probate alternative may be relatively straightforward, and settling an estate using a California simplified probate process will certainly be less expensive! Nevertheless, there are certain disadvantages of using simplified probate alternatives. Read on to learn more about some of the common disadvantages of such probate alternatives and how A People’s Choice can help you.