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Schreurs Law Offices
Probate is a court supervised process in which the affairs of a deceased person (decedent) are settled and legal title of property is transferred from the decedent to their heirs. The process involves the following:
Filing a petition and the Last Will (if there is one) with the Court
Publication of notice of petition to administer estate
Court appointment of an Executor or legal representative with authority to act on behalf of the estate
Locating and inventorying the decedent's property and have that property appraised
Notifying creditors and potential creditors pursuant to state law
Payment of debts and taxes
Distribution the estate property in accordance with the terms of the Will (if there is a Will) or to the heirs of the decedent
The average probate takes approximately 18 months.
Personal Representatives, Executors and Administrators
An executor is the person designated in a will to administer a decedent's estate. If the decedent left no Will, or if the Will does not name an executor, or the named executor is unable or unwilling to act, the probate court appoints an administrator to act as personal representative.
A personal representative may be held liable for:
mismanaging the assets of the estate
failing to collect claims and monies due the estate
selling an asset without the authority to do so
not filing tax returns on time
distributing property to the wrong beneficiaries or distributing property before debts and expenses have been paid
Fees for personal representatives and attorneys are set by statute.
(c) 2017 Cynthia L. Schreurs - All Rights Reserved | Disclaimer
Disclaimer: The information contained in this website location is intended to be for general information only and should not be relied on when making estate planning decisions without also obtaining competent, legal counsel from an attorney. Laws vary from state to state and no respresentations are made as to the accuracy of information except as it pertains to the laws of the State of California.