Probate in California can be a difficult process. It can branch out into various topics that can cause a lot more confusion than clarity. With so many different subsections of probate to process, let’s start one topic and break it down.
Probate records. These are used in all states of the country to bring clarity and convenience to the probate process. These essential forms are used to ensure that probate is executed efficiently, providing the necessary guidelines to follow.
These records are used to legally handle the property and assets of a person who has recently died. The probate legal process is established to transfer one’s legal responsibilities to another upon their death. This transfer usually goes to a personal representative.
Understanding what probate records are and how they work doesn’t have to be difficult. What we’ll do is break it down and explain how it plays a role in probate and why it is crucial to have probate records in the state of California.
If you’re interested in how this process works or if you have been appointed as a personal representative and need more clarity. Then below is more on what to know about the probate process and probate records.
What Are Probate Records?
Probate records are legal documents procured by the decedent to establish a legal transfer of assets and property to the relevant heirs and beneficiaries that have been appointed. These records and files are kept by a probate court.
Probate records are generally classified into two groups: will and estate papers. A will is a legal document that is procured by an individual instructing how they wish to have their property and assets legally disposed of. A will also appoint an executor to manage the deceased’s estate until it has been fully distributed.
Estate papers of the recently deceased person give a summary and status of their life before they died. These papers can list the liquidation and distribution of the assets and liabilities of the decedent alongside the balance to beneficiaries. It can provide clarity on how the estate is distributed amongst heirs and beneficiaries.
In most cases, probate records list the names of heirs and consistently describe how these heirs are related to the decedent. These records can provide the names of children, along with the married names of daughters.
In certain instances, probate records may not provide the exact date of the decedent’s death, it is safe to assume that the death in most cases has occurred within a few months of the probate documents being filed. The contents of probate records can vary depending on the existing law (regarding depositing of wills) and the record keeper’s character.
Along with the names of heirs, probate records also list the name of the deceased and their residences. The records would also list the names of any witnesses and list all the property and assets in the deceased’s estate.
Probate records have been archived in the state of California for hundreds of years. They are kept under the supervision and jurisdiction of the probate court. They are available to assist any individual who needs clarity or settle any probate matters.
How to Access California Probate Records
Court documents are not affected by the California Public Records Act or the Freedom of Information act. The California court provides access to all copies of documents to the public. These documents would be provided to the public as long as they have not been made private by state statute.
Before an individual dies, their will is considered a personal document and labeled as private by the California superior court. Even those who act as witnesses to the individual’s will are not granted the right to view the contents since they’re still under the personal care of the owner.
After the intended individual dies, the personal representative will then file a petition for probate with the California superior court in the deceased’s residing county. The petition highlights who the deceased is, the personal representative, and the heirs listed in the will. Once the petition is granted, a probate clerk will open a file for the probate.
This file holds the primary probate petition, the decedent’s will, along with any other documents relating to the estate’s administration. Some documents in this file can be private (has proprietary rights). California statutes consider some documentation as private, meaning that it may not be viewed or duplicated by the public (public access is prohibited). These confidential documents can be related to juvenile court, adoption protocols, parental rights termination, grand jury verdicts before indictment, medical files, prior arrests, or any form of past criminal activity.
If a will contains or integrates any form of what the California statute considers private, then the court orders the will or a section of the official record to be restricted from the public. The state of California permits any citizen to view a probate will.
You will need to find a probate clerk’s office at your local county court (you should first note their business hours). Once there, you can ask for the necessary probate file by presenting the deceased’s name and date of death. The first thing you should see is the decedent’s will. You can have a look over this at no charge or request a copy for a small fee.
How Probate Records Work
Probate records are necessary to ensure that the probate process moves smoothly. Unless the recently deceased individual has set up alternative methods to avoid their estate going through probate, assets and property will need to go through probate. In terms of probate records, a valid and existing will is important.
This ensures that a personal representative is listed and will be responsible for distributing the deceased’s assets and property to all heirs and beneficiaries. If a will was not procured by the deceased and no alternative means to distribute their property was established, then probate will have to occur by default.
The process can be a lot more complex and tedious without the relevant probate records, but successful probate can still be achieved. When probate is being conducted, the probate records or the will would list an executor and allow this responsible person to take ownership of the deceased’s estate and financial resources until the probate is settled.
If there is no will, the California superior court will appoint a personal representative (administrator) to handle the probate affairs of the deceased’s estate. The personal representative is tasked with ensuring that the estate matters are handled in accordance with the law. Apart from that, the representative should be firm and fair during the distribution of property to minimize disagreement between heirs.
This probate record grants the personal representative the responsibility to handle the deceased’s financial responsibilities for the entire property and notify the relevant businesses the deceased had been subscribed with i.e. banks, magazines, etc.
Probate records help the personal representative identify heirs and beneficiaries. This can usually be found in the terms of a will or the contents of estate papers. In certain cases, this information can be provided through means of other estate administrating documents such as beneficiary designations.
In some cases, it might not be very simple in identifying relevant heirs or beneficiaries. Sometimes a will can not be up to date, or a new spouse may not have been added to the will, or an heir may have already died. These are few instances that can affect the instructions of probate records, and outside help may be needed to resolve this.
How Probate Records Affect Property
Probate records, both wills, and estate papers are meant to list the various assets and property in the deceased’s name and instruct the executor or personal representative on how to distribute them to the relevant people. While the property will be clearly listed, it will be up to the personal representative to determine what classification the property falls under.
There are two types of property that can be identified: real and personal. Real property is considered to be land and anything that’s permanently on land. This is normally connected with houses and buildings. Personal property deals with items that could be tangible or intangible.
This form of property can range from anything to cars, expensive jewelry, stocks, business ownership, or bonds. Intangible forms of property are usually identified with some sort of certified document linking an individual’s ownership to it.
The personal representative will also be required to determine how the listed property was owned. In certain cases, the decedent won’t be the only owner. Once all assets and property have been identified categorized, the personal representative will need to make a list of each asset with a summary. This summary should include the asset’s value, how it was owned, and if an individual could file a claim against it.
Assistance with Probate Records
Once these steps have been completed with the use of probate records, the personal representative will now have to accurately distribute the decedent’s estate. This process carries on through the superior court and can be achieved quickly with the correct probate records established prior.
As we can see, the probate process doesn’t have to be difficult or complicated. If the recently deceased individual has established some form of probate records before their death, then it can make things a lot easier for those left behind.
If you need help with probate or probate records, consider using the help of A People’s Choice. Our team of legal document assistants will be able to prepare the necessary forms you will need relating to your legal procedure. By choosing us you are guaranteed optimal service and the best guidance throughout your journey. Contact us today.
“A People’s Choice helped us throughout our entire year-long probate making the process very easy and manageable while at the same time saving us thousands of dollars in lawyer’s fees. Not only were they extremely friendly and fast to respond to our questions but they made the process simple enough that we hardly ever had to contact the courthouse directly and we even had a hearing done without an appearance. Would highly recommend A People’s Choice to anyone!”
“I am writing to give A People’s Choice my utmost recommendation. I live in New England and found them on the web. After speaking with a staff member on the phone I had the confidence to give them my business. A People’s Choice handled my probate case with great professionalism and knowledge. My case turned out to be more complicated than originally believed and the staff walked me through each step. They always responded promptly to my email questions. In the end, their service was exactly what I hoped for; they saved me thousands of dollars and allowed me to do it from across the country. They were truly a pleasure to work with.”
“I can’t say enough about the level of service and professionalism I received working with A People’s Choice. Emails were always responded to quickly and thoughtfully. They really care about the process and helping you get the best result with no up-selling. Of course, they can’t provide legal advice, but I was referred to an attorney when I needed some questions answered who was very reasonable and easy to get a hold of as well. The process played out according to plan and I ended up saving a lot of money by going with A People’s Choice over an attorney.”
Leave A Comment