How to File Probate in San Benito County
Probate involves the court-supervised process of administering the contents of a deceased person’s estate. In particular, this includes paying any outstanding debts and taxes before distributing the remaining assets to beneficiaries and heirs. Keep in mind, you can usually complete a routine probate within a year of filing.
First, the estate executor (designated in the Will) or family member must file the Petition for Probate to begin the process. If a Will exists, the personal representative should file the original with the court. At the hearing on the Petition for Probate, the court will either affirm the executor or appoint a personal representative and issue “Letters Testamentary” or “Letters of Administration.”
Next, the probate representative must complete an inventory and appraisal of the decedent’s estate. In this regard, the probate referee will value all non-monetary assets of the estate. Once the probate referee appraises the estate, the personal representative may need to liquidate some assets to pay outstanding taxes and debts. Lastly, after the representative pays all debts, the court will approve the distribution of the remaining assets to the beneficiaries and heirs. The entire probate process takes 7-10 months to complete.
Where to File Probate in San Benito County
The San Benito Probate Division hears matters on the probate of Wills and Trusts. Specifically, the court hears all probate matters at the following location in San Benito County:
450 Fourth Street
Hollister, CA 95023
Court hours are from 8:00 – 4:00 PM excluding court holidays. Contact us for more information about how to file your probate documents with the local court.
San Benito County Probate Rules
Each state adopts its own set of Rules of Court that control and define how legal cases are processed in that state. In addition, each California county court also passes its own set of “local rules” that regulate and define, with more particularity, how legal cases are processed in that county. With this in mind, it is essential to check the local court rules before you file probate in San Benito County. These local rules will outline the probate process for San Benito County. Furthermore, the rules will provide instruction on the filing of documents in this court. Inasmuch as the local rules are essential to understand, consider also reviewing California Rules of Court for other insights into various aspects of the California legal procedures.
Adjudicated Newspapers for San Benito County
BenitoLink covers San Benito County for legal postings. If you want to post a legal notice, contact:
Leslie David- firstname.lastname@example.org (831) 801-1356
Adam Breen- email@example.com (831) 902-7543
Take care to understand the rules that control what newspaper is acceptable for the required legal probate notice. If you are not sure, contact the San Benito Court Clerk.
San Benito County Probate Referee
Contact information for the San Benito County Probate Referee is as follows:
Lucia Areias, 4962 El Camino Real, Suite 121, Los Altos, CA 94022; Phone: (650) 321-9825; FAX: (650) 320-8086; e-mail: firstname.lastname@example.org
The probate referee’s job is to value the assets of the estate. This would include valuing real estate, jewelry, stock, money market accounts, household items and other types of assets. The probate referee will complete the Inventory and Appraisal which is filed with the court. Estates that only consist of cash do not need an appraisal.
How to Complete Probate in San Benito County
Contact A People’s Choice for more information on how to file probate in San Benito County. Using our non-attorney probate services will undoubtedly save the estate thousands of dollars, putting more money into the pockets of the beneficiaries and heirs.