Nevada County Probate Overview
Filing for probate in Nevada County, California is a straightforward process. Be that as it may, even the most straightforward probate will take between 8-12 months to complete. Probate involves the court-supervised process of distributing the decedent’s estate. The personal representative will first need to pay the decedent’s debts and taxes. Afterward, the personal representative can distribute all remaining assets of the decedent to their heirs and beneficiaries.
When you work with a probate attorney, you can expect to pay a substantial sum of money in attorney’s fees to probate an estate. This is due to attorneys receiving a statutory fee to probate an estate. California law based its statutory fee on the gross value of the estate. With this in mind, the gross value does not include debts held in the estate. In other words, the attorney will receive a more considerable sum of money despite performing the same amount of work if the estate’s value is significant. Provided that no one contests the probate and everyone is cooperating, you can avoid paying these excessive, and often unreasonable, attorneys fees. Contact A People’s Choice today to find out how much money you can save by working with an exceptionally trained probate legal document assistant’s office in contrast to a probate attorney.
Where to File Probate in Nevada County
The Nevada County Probate Court hears matters involving probate, guardianship, and conservatorship. The court hears probate matters at the following place:
Nevada City Courthouse
201 Church Street
Nevada City, CA 95959
Probate matters are typically heard in Dept. 6 on Fridays.
Nevada County Probate Rules
Review the Nevada County local court rules before you file your petition. Keep in mind, the local rules provide instructions on how the personal representative must complete the forms and how to file them with the Nevada County court. Chapter 8 of the Nevada County local rules cover probate proceedings. Unfortunately, local rules can be overwhelming, With this in mind, A People’s Choice provides case management help to self-represented litigants.
Adjudicated Newspapers for Nevada County
After filing the probate petition, the personal representative must publish notice of the probate filing and scheduled hearing in a newspaper when the decedent lived. With this in mind, contact the Nevada County court clerk’s office for an up-to-date list of approved newspapers for this area.
Nevada County Probate Examiner
Before most schedule probate hearings, a probate examiner will check the case and all filed paperwork. The probate examiner’s job is to make sure the documents are complete and do not contain any discrepancies nor are missing information. The probate examiner will post notes for the judge before the case is heard. These notes often trigger the court making a tentative ruling on the matter, even before the hearing takes place. You can find Tentative Rulings on the court’s website or through the On-Line services page.
Nevada County Probate Referee
A probate referee must value all non-cash assets in a probate estate. For example, the probate referee serving Nevada County is:
Kevin P. Eckard
P.O. Box 240
Auburn, CA 95604
Phone: (530) 888-0472
FAX: (530) 888-6457
How to File Probate in Nevada County
To start probate in Nevada County, the personal representative must file a probate petition with the Nevada County Superior Court. Also, if the decedent had a will, the original will must be lodged with the probate court clerk to begin the process. In general, you should file the petition in Nevada County if this is where the decedent last resided in before passing away. Alternatively, if the decedent lived out-of-state, the personal representative could file probate in Nevada County if the decedent owned real property in the county.
Once filed, the personal representative must notify all interested parties of the probate action. You should send a notification to all of the decedent’s creditors, beneficiaries, and heirs. After the court issues Letters of authority to the personal representative, they must complete an inventory and appraisal of the non-monetary assets of the estate. The task of the Probate Referee is to value all noncash assets listed in the inventory.
During the probate process, the personal representative may need to liquidate assets to pay outstanding taxes and debts. After the personal representative pays all obligations of the decedent and the court approves a final distribution, the personal representative will be given the green light by the court to make the final disposition of remaining assets to beneficiaries and surviving heirs.
Work with one of our experienced legal document preparers to probate your loved one’s estate. Sign up on our website today to get started or contact us today to find out more information on how to file for probate in Nevada County, California. Please also visit our exciting new website ProbatebyME.com which exclusively covers probate and estate administration matters in California.