California Probate Filing Checklist Written By A People's Choice Fact Checked Fact Checked By: Ian Corzine Ian Corzine got his Juris Doctorate degree with Honors and Order of the Coif from University of the Pacific, McGeorge School of Law and his Bachelor of Arts degree in Communications from University of California, Davis. Before practicing law, Mr. Corzine was Executive Assistant to the Governor of California and studied public administration during his term as a California Executive Fellow. In law school, Mr. Corzine joined the U.S. Attorney’s Office, Eastern District of California, as a Special Assistant U.S. Attorney, prosecuting those arrested for crimes on federal lands. After law school, Hon. Peter A. Nowinski of the U.S. District Court, Eastern District of California, appointed Mr. Corzine as a Federal Judicial Law Clerk. Ian is widely known as “Metaverse Man” on YouTube, Instagram, Facebook, and other social media platforms. He gives businesses strategies and a roadmap for launching their business into the Metaverse. Since Ian has extensive experience in social media law, he advises companies on compliance with international laws on blockchain, crypto, Web3 & the Metaverse. California law requires the estate’s personal representative finish California probate within a year to 18 months. However, if someone contests the will, or if other complications arise, full probate can take years. Therefore, to help simplify this daunting process, we’ve provided a checklist for filing probate in California. What is Probate? When a person dies with or without a will, the legal process of California probate facilitates the transfer of property to the person’s beneficiaries and heirs and pays debts owed by the deceased. In some cases, depending on the size and worth of the deceased’s estate, full probate is not necessary, and the heirs can use simplified California probate procedures. Furthermore, if the decedent has no property to transfer, they will not require a probate. However, a full probate, when required, is a lengthy, complicated process. More specifically, a non-community estate worth over $166,250 (if death was before April 1, 2022) OR $184,500 (for deaths on or after April 1, 2022) will require a full probate. If you are an elected representative of a deceased relative or friend, use our checklist for help filing a full probate on their behalf. Checklist for Filing Probate in California File the will with the court within 30 days of death If you’re named in the will, the court will confirm your identity and issue documents authorizing you as a personal representative of the decedent. Initiate the probate petition If the deceased’s property must pass through full probate, the real first step is filing a petition for probate. This form is provided by California courts and filed in the county where the deceased died or owned real property. Keep in mind, the court may require additional forms depending on the particular situation. Set a hearing date After you file the petition, the court clerk will set a hearing date for the case. Then, someone will need to send notice of the hearing to all possible beneficiaries of the estate. Any adult not a party to the case can send this notice. Gather assets and file an inventory and appraisal form Notify the creditors by sending them the notice of administration to creditors form before paying any outstanding debts. Once this step is complete, the probate court will determine who receives the remaining property. Distribute the assets Confirm any sales of real estate and file taxes If you sell any real estate, you must file a report of sale and petition for order confirming sale of real property with the court. Additionally, you must prepare and file an estate tax return if the estate earned any income. Then, you should prepare a final income tax return for the deceased. File a final plan and accounting After filing taxes, you must file a final plan and accounting with the court. This plan will lay out how you handled the estate as a representative. If the court is satisfied that you correctly carried out your duties, they will release you from all obligations. Get help with your California probate documents today! A People’s Choice can save you hundreds of dollars by preparing your probate legal documents instead of an expensive attorney! Get Started with California Probate!Simplified Probate in California California estates with assets worth $166,250 or less may be settled without formal probate proceedings, using Simplified Probate procedures. Low-Cost Help to File Probate in California Attorney’s fees in a probate proceeding can be very high and are tied to a percentage of the estate. To determine the statutory probate attorney fees in a particular estate, use our online probate calculator. However, if no one is contesting the will and no other complications arise, you can safely file for probate on your own. That said, if you find this checklist and its details confusing and want help without hiring an expensive attorney, contact A People’s Choice for low-cost legal document help. Although we cannot give legal advice, A People’s Choice can prepare the required documentation and help in completing all the steps for filing probate in California, saving you thousands of dollars in statutory attorneys fees in the process. If you or an heir need more information about California probate, do not hesitate to call our office. A People’s Choice has been providing probate services for over 35 years and has established an excellent reputation in the community. When you are ready to get started, you can provide us with information for your paperwork in several ways, such as through our convenient online system, over the phone, by completing a written worksheet, or in person. Keep in mind that we process probate filings in every probate court in California. Call 800-747-2780 and learn how we can save you thousands of dollars completing your probate instead of using an attorney. Trustpilot By A People's Choice|August 23rd, 2020|Probate|44 Comments