What to Do When a Loved One Passes Away
When someone close to you passes away and you are the Executor, you are responsible for distributing their belongings, like real estate, to their heirs. You may also be an heir yourself, receiving items such as a car, house, jewelry, or money.
In California, if the deceased was not your spouse, you need to start the probate process in the local Probate Court where they lived. This process involves several steps before any assets can be distributed to the heirs.
Steps to Probate a Will in California
Step 1: File the Petition
• File a petition in the county where the deceased lived using California form DE-111. This officially notifies the Court of the hearing, which usually happens within 30 to 40 days.
• If there’s a will, include a copy when filing. You may also need a death certificate.
• The filing fee is $435, but check your county’s fee schedule for any variations.
Step 2: Publish the Notice of Hearing
• After filing, you must publish a notice about the hearing in a local newspaper at least three times.
• Mail the notice to all heirs and anyone named in the will.
Step 3: First Probate Hearing
• At the first hearing, the Court will appoint the Executor or Administrator.
• If there’s a will, the named Executor is likely appointed. If not, the Court will choose someone, typically the closest relative.
Step 4: Bond Requirement
• The Court may require the Administrator to get a surety bond. If so, arrange this with a bonding company before receiving your “letters testamentary,” which give you authority to manage the estate.
• The bond’s cost depends on the estate’s value and other factors. If you live outside California, a bond is mandatory.
Step 5: Prove the Will
• To prove the will, show it is valid, usually by having it signed and dated by the deceased and witnessed by two people.
• You can submit a self-proving will without extra testimony.
Step 6: Collect Assets
• As the Administrator, gather all assets belonging to the deceased. This includes personal belongings, vehicles, and bank accounts.
• Some items, like those in a living trust or accounts with beneficiaries, do not go through probate.
• File form DE-160, Inventory and Appraisal, to declare all assets.
Step 7: Choose a Probate Referee
• The Court will assign or ask you to find a Probate Referee to value non-monetary assets. Ensure they are authorized for your county.
Step 8: Notify Creditors
• Use form DE-157, Notice of Administration to Creditors, to inform creditors. They have four months to submit claims against the estate.
Step 9: Second Hearing
• At the second hearing, if all goes well, the judge will decide on the final distribution of the estate.
Step 10: Sell Real Property
• If real estate is to be sold, file form DE-260, Report of Sale and Petition for Order Confirming Sale of Real Property.
Step 11: Pay Estate Taxes
• Ensure the deceased’s income tax return is filed, and any estate taxes and fees, including attorney and accounting fees, are paid.
• Timely payments are critical; you may be held personally liable for failing to do this.
Step 12: Close the Estate
• Closing the estate involves providing a complete accounting of your actions. You will file a final petition summarizing the management of the estate.
• Schedule a hearing for the report. If everything checks out, the judge will relieve you of your duties.
Step 13: Go back to your life
Important Notes
• The probate process can take from six months to two years depending on the estate’s complexity.
• Executors can receive reasonable payment for their work, which is considered taxable income.
If you have any questions or need assistance with the probate process in California, feel free to contact us.