Siskiyou County Probate Overview
First, to file probate in Siskiyou County, the decedent must have lived and/or owned property in Siskiyou County. Keep in mind, when a probate is filed, the court becomes involved in overseeing how the deceased person’s estate is distributed to the beneficiaries and heirs.
Of course, not all estates have to go through the formal probate process. For example, if the decedent owned real and personal property with a value under $166,250 or had property held in trust, the estate may not have to go through formal probate. If the decedent did not own real property, a decedent’s personal property can be transferred to the legal beneficiaries or heirs by completing an Affidavit for Collection of Personal Property. Alternatively, if the decedent did own real property but it was valued less than $166,250, a small estate proceeding could be filed. On the other hand, if the decedent owned real property or their assets were worth more than $166,250, a complete, a more formal probate proceeding may be required. Contact us for more information.
As mentioned above, if the decedent had assets worth more than $166,250, the estate will probably have to go through formal probate. Specifically, if the decedent had a will, the will should be probated in the county in which the deceased person lived or where they owned property. For example, if probate is being filed in Siskiyou county, the person who has decedent’s original Will should file it with the Siskiyou County clerk’s office. This should be done within 30 days from when they learned about decedent’s death. Keep in mind, however, that Siskiyou County has a special cover sheet they need when lodging an original Will. Furthermore, there is also a $50 fee required to lodge the Will.
Filing the Petition for Probate
There are many forms required when you file probate in Siskiyou County. In order to start the probate process, some of the following forms may be required.
- Proof of Holographic Instrument
- Proof of Subscribing Witness
- Waiver of Bond By Heir or Beneficiary
- Confidential Supplement
- Notice of Petition to Administer Estate
- Duties and Liabilities of Personal Representative
- Order for Probate
Keep in mind that these forms are just some of the forms required to “start” the probate process. The probate process typically takes 7-8 months to complete. Consequently, there are a multitude of steps to get to the end of the process! That is why thousands of people have chosen to seek the low-cost, professional help of a legal document assistant such a A People’s Choice to get help with the probate document preparation.
In a probate proceeding, the court appoints a personal representative of the estate. This allows the representative to handle all the required matters necessary to settle the decedent’s estate. This may include filing a final tax return, paying taxes and other debts and ultimately making sure the decedent’s beneficiaries receive what they are entitled to. Once the probate petition is filed with the Siskiyou County Court, the clerk will set a hearing date and the petitioner must provide notice to all interested parties.
What Happens During Probate?
First, during the probate process, any creditor who has a valid claim for an outstanding obligation against the estate can file a claim for the monies owed to them. With this in mind, once the decedent’s property is appraised and taxes are paid, the remaining assets can be sold, if necessary, to pay outstanding debts. Lastly, once all debts are paid, the estate’s representative or executor can file the required legal forms to distribute assets to beneficiaries and heir.
If the decedent did not have a will, the decedent’s assets will be given to heirs based on California’s intestate succession laws. Remember, you do not have to hire an attorney to file for probate. As mentioned above, most attorneys charge statutory fees without applying much effort to your case. A legal document preparer such as A People’s Choice can help you draft and file the documents you need to complete the probate process in a cost-effective way and save the estate thousands of dollars.
Where to File Probate in Siskiyou County
When you file probate in Siskiyou County, the documents must be presented through the civil division of the court who hears probate cases at the following place:
Siskiyou County Superior Court
311 4th Street, Room 206
Yreka, CA 96097
Siskiyou County Probate Rules
It is very important to be familiar with and to read Chapter 15 of the local probate rules before you file probate in Siskiyou County. The probate rules provide detailed guidelines and requirements for all probate cases filed in the Siskiyou court. Siskiyou county also offers online court docket access through their website.
Adjudicated Newspapers for Siskiyou County
Publication and notice is required when you file probate in Siskiyou County. Siskiyou county has approved certain adjudicated newspapers for this process. There are two options for publication, however, there are specific rules that may limit the choice of newspaper you can use for the publication process. Here are some of the Newspapers of general circulation in Siskiyou County.
Mt. Shasta Herold
Siskiyou Daily News
Siskiyou County Probate Examiner
The court clerk will schedule the hearing on the Petition when the petition is filed. Afterward, the Probate Examiner will check your filed paperwork and will post “notes” about your paperwork. The probate examiner’s job is to review all documents filed in a probate case. In particular, the examiner will list questions or deficiencies about the paperwork that is to be addressed by the court in an upcoming hearing. The personal representative can file a supplement to correct or clarify matters in response to the probate examiner’s notes.
Siskiyou County Probate Referee
The Probate Referee for Siskiyou County is Susan L. Jeffers. You can contact her at P.O. Box 994761, Redding, CA 96099-4761; Phone: (530) 605-0204; FAX: (530) 605-4361; e-mail: firstname.lastname@example.org
The court will appoint the probate referee to appraise the estate assets. The personal representative must prepare an Inventory and Appraisal, The inventory identifies all property of the decedent. It is the probate referee’s job to value the non-cash assets. Once completed, you must file the Inventory with the court. The probate referee will charge a fee for this service which is typically based on 1/10th of 1 percent of the value of all property the appraise, with a minimum fee of $75.00. They can also charge for mileage and other incidental costs.
File Probate and Save Money
Contact A People’s Choice for more information on how to file probate in Siskiyou County. Keep in mind, when considering your options to file probate in Siskiyou County, using a non-attorney probate service such as A People’s Choice will save the estate thousands of dollars.