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Frequently Asked Questions about Probate in California

Probate-Lawyer-Los-Angeles

How Long Does the Probate Process Take in California?

The probate process in California can vary in length depending on several factors, but typically,

it takes about 9 to 18 months from start to finish. Here’s a breakdown to help you understand why it takes this long:

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  1. Filing the Petition: This is the first step and can take a few weeks to a couple of months. The court needs to schedule a hearing date, which usually happens about 30 to 45 days after filing.

  2. Notifying Heirs and Creditors: Once the petition is filed, heirs and creditors need to be notified. This step can take another month or so, as there are specific legal requirements for how notices must be given.

  3. Inventory and Appraisal: The estate's assets need to be identified and valued, which can take several months. Imagine making a detailed list of everything you own and getting it all appraised—it’s a time-consuming process.

  4. Paying Debts and Taxes: This step can vary widely in duration. Simple estates with few debts might move quickly, but if there are complex tax issues or disputes with creditors, this can add months to the process.

  5. Final Distribution and Closing the Estate: Once all debts and taxes are paid, the remaining assets can be distributed to the heirs. This step requires court approval, which can take additional time, often a few months.

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Example Timeline

  • Month 1-2: File the petition and schedule the first hearing.

  • Month 3-4: Notify heirs and creditors.

  • Month 5-9: Complete the inventory and appraisal.

  • Month 10-15: Pay debts and taxes.

  • Month 16-18: Distribute assets and close the estate.

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Factors That Can Affect the Timeline

  • Complexity of the Estate: More assets and debts mean more time to inventory, appraise, and settle everything.

  • Disputes Among Heirs: If heirs contest the will or have disputes, this can significantly extend the process.

  • Court Schedules: Busy court calendars can lead to delays in hearing dates and approvals.

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By understanding these steps and factors, you can get a clearer picture of why probate in California typically takes 9 to 18 months. If you need further assistance, our team is here to help you navigate this process smoothly.

What amount triggers probate in California?

In California, probate is generally required if the deceased person’s estate is worth more than $184,500. This amount, known as the probate threshold, includes all assets that were solely in the deceased’s name at the time of death.

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Understanding the Threshold with Examples

  1. Above the Threshold:

    • Example: If Jane passes away and her solely owned assets (like a house, bank accounts, and stocks) total $250,000, her estate will need to go through probate because it exceeds the $184,500 threshold.

  2. Below the Threshold:

    • Example: If John dies and his assets total $150,000, his estate will not need to go through formal probate. Instead, a simpler process, like a small estate affidavit, can be used to transfer the assets.

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Assets That Count Toward the Threshold

Not all assets are counted when determining if an estate exceeds the $184,500 threshold. Here are the types of assets that do and do not count:

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Count Toward the Threshold:

  • Real Estate: Solely owned property.

  • Bank Accounts: Accounts without a beneficiary designation.

  • Investments: Stocks and bonds in the deceased’s name only.

  • Vehicles: Cars, boats, and other vehicles titled in the deceased’s name.

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Do Not Count Toward the Threshold:

  • Jointly Owned Property: Property held in joint tenancy automatically goes to the surviving owner.

  • Trust Assets: Assets held in a living trust bypass probate.

  • Payable-on-Death Accounts: Bank accounts with a named beneficiary.

  • Life Insurance: Policies with a designated beneficiary.

  • Retirement Accounts: Accounts like IRAs or 401(k)s with named beneficiaries.

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Simplified Probate Procedures

For estates below the $184,500 threshold, California offers simplified probate procedures:

  • Small Estate Affidavit: Heirs can use this form to claim assets without going through full probate.

  • Spousal Property Petition: Surviving spouses can use this to transfer property directly.​

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Understanding the $184,500 threshold helps in determining whether an estate needs to go through probate or if simpler methods can be used. If you have questions about specific assets or need help with the probate process, our team is ready to assist you.

What happens when an estate goes to probate in California?

When an estate goes to probate in California, the process ensures that the deceased person's assets are properly distributed to the heirs and creditors are paid. Here’s a step-by-step overview of what happens during probate:

  1. Filing the Petition:

    • Example: Sarah files a petition with the probate court in the county where her uncle lived. This petition starts the probate process and requests the court to appoint her as the executor.

  2. Appointing the Executor:

    • The court reviews the petition and, if everything is in order, appoints the executor. If there is a will, the executor is usually the person named in the will. If there’s no will, the court appoints an administrator.

    • Example: The court officially appoints Sarah as the executor, giving her the legal authority to manage her uncle’s estate.

  3. Notifying Heirs and Creditors:

    • The executor must notify all potential heirs and creditors of the probate proceeding. This includes publishing a notice in a local newspaper and sending notices to known creditors.

    • Example: Sarah publishes a notice in the local paper and sends letters to her uncle’s known creditors, informing them of the probate process.

  4. Inventory and Appraisal:

    • The executor takes inventory of the deceased’s assets and has them appraised. This includes real estate, bank accounts, investments, personal property, and any other assets.

    • Example: Sarah lists her uncle’s house, car, bank accounts, and other possessions, then gets them appraised to determine their value.

  5. Paying Debts and Taxes:

    • The executor uses the estate’s assets to pay any outstanding debts and taxes. This step ensures that all obligations are settled before distributing the remaining assets to the heirs.

    • Example: Sarah uses her uncle’s bank account funds to pay off his credit card debts, medical bills, and any taxes owed.

  6. Distributing the Assets:

    • Once debts and taxes are paid, the executor distributes the remaining assets according to the will or, if there’s no will, according to California’s intestate succession laws.

    • Example: Sarah distributes her uncle’s remaining assets—his house and remaining bank funds—to his designated heirs as specified in his will.

  7. Closing the Estate:

    • After all assets are distributed and all tasks are completed, the executor files a final report with the court. If the court approves, the estate is officially closed.

    • Example: Sarah submits a final accounting to the court showing that all debts were paid and assets were distributed. The court reviews and approves, officially closing her uncle’s estate.

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Summary of the Probate Process

  • Petition Filed: Start the probate process.

  • Executor Appointed: Manage and oversee the estate.

  • Heirs and Creditors Notified: Inform those involved.

  • Inventory and Appraisal: Determine the estate’s value.

  • Debts and Taxes Paid: Settle outstanding obligations.

  • Assets Distributed: Transfer remaining assets to heirs.

  • Estate Closed: Finalize the process with the court.

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This step-by-step process ensures that the deceased’s affairs are handled legally and fairly, with oversight from the probate court to protect the rights of all parties involved. If you need further assistance with probate, our experienced team is here to guide you through each step.

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