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Law Firm For Probate Administration In San Diego CA

Losing a loved one is an emotional and challenging time for the surviving family members and friends. In addition to grieving, those left behind must often take on the responsibility of following the decedent’s final wishes. However, what happens if the deceased does not leave behind any instructions? Who will make the final arrangements, and what will happen to the decedent’s property? 

It is where probate administration comes in. This blog post will discuss probate administration in San Diego CA, including what probate is, standard probate terms, when probate is necessary, and more.

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What Is Probate Administration?

The San Diego CA courts define probate administration as “the legal process through which a decedent’s estate is collected and distributed to beneficiaries.” In other words, probate administration ensures that a deceased person’s final wishes are carried out and that their property is distributed correctly.

Common Probate Terminologies

To better understand the probate process and what it entails, you must familiarize yourself with some standard terms used in probate administration.

  • Administrator. The administrator is responsible for carrying out the decedent’s final wishes and distributing their property. In most cases, the last will has a designated executor to serve in this role. The court will appoint an administrator if no executor is named or the executor cannot function.
  • Beneficiaries. Beneficiaries are the people who stand to inherit property from the decedent. Beneficiaries may include family members, friends, or charities. Organizations and other entities may also be named as beneficiaries of the estate.
  • Decedent. The decedent is the person who has passed away. The probate process begins when the decedent passes away, and their estate must be distributed to beneficiaries.
  • Estate. The estate is all the decedent’s property, including real estate, personal belongings, investments, and more. Once the decedent passes away, their estate must go through probate administration to be distributed to beneficiaries.
  • Executor. The executor is responsible for carrying out the decedent’s final wishes as stated in their will. In some cases, the terms “executor” and “administrator” may be used interchangeably. However, if there is a will that names an executor, that person will typically be responsible for probate administration instead of the administrator.

When Is Probate Administration Necessary?

Probate administration is necessary whenever the decedent dies without a will or with a will that does not name an executor. In these cases, the probate process ensures that the decedent’s final wishes are carried out and that their property is properly distributed to beneficiaries.

Probate administration may also be necessary even if the decedent has a will that names an executor. This is because the probate process can help resolve any disputes that may arise regarding the estate distribution. Probate administration can also provide some protections for the executor, as they can be held liable if they do not follow probate procedures correctly.

Who Can Become An Executor Or Administrator?

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Any adult who is not a convicted felon can become an executor or administrator. In most cases, the decedent will name an executor in their will. If no executor is named or the person named cannot serve, the court will appoint an administrator. The administrator appointed by the court must be a California resident.

How Does The Probate Administration Process Work?

The probate administration process can be complicated, so it is crucial to understand how it works. This process ensures that all of the decedent’s estate is correctly accounted for and begins with filing the death certificate and ends with the estate’s closing. The probate administration process will have these steps.

Filing A Petition With The Court

The first step in probate administration is to file a petition with the probate court. This petition starts the probate process and names the executor or administrator. The probate court will then issue Letters of Testamentary or Letters of Administration, which prove that the executor or administrator has the legal authority to act on behalf of the estate.

The executor, administrator, or any interested party can file the probate petition. In most cases, the executor will file the petition. If there is no executor, the administrator must file the petition.

Collecting The Decedent’s Assets

After the probate court issues Letters of Testamentary or Letters of Administration, the next step is for the executor or administrator to collect all of the decedent’s assets. This includes both probate and non-probate assets. Probate assets are titled in the decedent’s name alone and do not have a named beneficiary. Non-probate assets have a named beneficiary or are jointly owned by another person.

Notifying The Decedent’s Creditors

After the decedent’s property has been gathered, the executor or administrator must notify the decedent’s creditors. Creditors have a limited time to file claims against the estate and must be given notice of the probate proceedings. The executor or administrator must inform creditors through a public notice that the estate is in probate even if the decedent has no debts.

According to the 2021 California Code, creditors are given a maximum of one year after the executor or administrator has sent them notices of probate proceedings to file their claims. If a creditor does not file a claim within this time frame, they will not be able to collect the debt from the estate. If the decedent dies without obligations, the executor or administrator can close the probate proceeding after giving notice to creditors.

If the decedent had debts, the executor or administrator must pay these debts from the probate assets before distributing any property to beneficiaries. To do this, the executor or administrator must open a probate estate bank account. All probate assets should be deposited into this account and should pay all probate expenses.

Paying The Decedent’s Debts & Expenses

After the decedent’s assets have been collected, the next step is to pay off any debts and expenses that they may have. This includes things like funeral expenses, taxes, and outstanding bills. The executor or administrator will use the decedent’s assets to pay these debts and expenses.

Distributing The Decedent’s Assets To Beneficiaries

When the decedent’s debts and expenses have been paid, the executor or administrator can distribute the remaining assets to beneficiaries. This is typically done according to the terms of the will, but if there is no will, assets are distributed according to California’s intestate succession laws.

If the decedent died without a will, their assets would be distributed according to California’s intestate succession laws. Under these laws, assets are first given to the decedent’s spouse and then to the decedent’s children. If the decedent had no surviving spouse or children, their assets would be given to their parents or other relatives.

Closing The Estate

After all the decedent’s assets have been distributed, the probate administration process is complete, and the estate can be closed. The executor or administrator will file a final report with the probate court detailing how the estate was settled. They will also provide proof that all debts and expenses have been paid and that all assets have been distributed to beneficiaries. Once the probate court approves the final report, they will issue an order to close the estate.

Probate Administration Of Missing Persons Presumed Dead

The probate administration process is slightly different if the estate owner is missing and presumed dead. In this case, the executor or administrator will petition the probate court to declare the decedent legally dead. This can be done after seven years of continuous absence.

Once the decedent is declared legally dead, the probate administration process proceeds as usual. The executor or administrator will collect the decedent’s assets, pay their debts and expenses, and then distribute any remaining assets to beneficiaries.

Probate Administration Of Nondomiciliary Decedents

If the decedent was not a resident of California at the time of their death, the probate administration process is slightly different. In this case, the executor or administrator must file a petition for probate in the county where the decedent died. They will also need to file a copy of the death certificate and a notice of probate proceedings with the probate court in California.

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After these documents have been filed, the probate administration process proceeds as usual. The executor or administrator will collect the decedent’s assets, pay their debts and expenses, and then distribute any remaining assets to beneficiaries.

Key Takeaways

  • Probate is the legal process of settling a decedent’s estate.
  • In California, probate is typically only necessary if the decedent died without a will or if they had certain types of property.
  • The probate administration process involves collecting the decedent’s assets, paying their debts and expenses, and distributing any remaining assets to beneficiaries.
  • If the decedent was not a resident of California at the time of their death, the probate administration process is slightly different. In this case, the executor or administrator must file a petition for probate in the county where the decedent died.
  • Once the decedent’s assets have been distributed, the probate administration process is complete, and the estate can be closed.

Weiner Law

The probate administration process can be complicated, so it is vital to understand the steps involved. Probate administration can be time-consuming and stressful, but understanding how it works can help make it go more smoothly. If you need assistance with probate administration, contact an experienced probate attorney.

The probate administration attorneys at Weiner Law in San Diego CA have extensive experience handling probate matters. They can help you navigate the probate process and protect your rights whether you are a creditor with a claim against the estate or a beneficiary. Contact them today to schedule a consultation.

 

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