Information for Probate Beneficiaries in California

Losing a loved one is a challenging time, and dealing with legal matters can feel overwhelming. At Law Offices of Darrell C. Harriman, I understand the emotional strain that comes with probate proceedings. Since 1980, I have been dedicated to guiding people through this complex process with soft personal compassion and sharp professional competence. My personalized service is about giving you the support you need during this difficult time.

We serve probate beneficiaries in all of Los Angeles, throughout the San Fernando Valley, and the broader southern California community. Call (818) 892-7093 today.

How Probate Works in California

Probate involves a lot of paperwork, and how much will depend on the specific circumstances of your case. Issues like whether or not real estate has to be sold can impact both the length of time probate takes to complete, as well how complex the process ends up being. Another important factor is whether the deceased left behind a last will and testament. Some aspects of the process are done in a formal probate court hearing, while others will be done by simply filing the necessary paperwork. 

Presuming that a will does exist, here is a broad outline of what clients can expect in California probate: 

• Filing the petition: The probate process begins with filing a petition in the county where the deceased resided. The petition requests the court to officially open the probate proceedings.
• Court appointment: The Probate Court appoints an executor. The will likely named an executor and courts typically defer to that. However, as part of validating the will, it is possible for the court to appoint someone else. 
• Asset inventory: The executor must identify and create an inventory of all assets owned by the deceased, including real estate, bank accounts, investments, personal property, and more.
• Appraisal of assets: Valuation of the assets is necessary for determining the estate’s total value. This may involve hiring appraisers for properties, valuators for businesses, or other professionals as needed.
• Notice to creditors: Public notice is published to alert potential creditors that they must speak up now if they want to collect their debt. Creditors will have anywhere from 60 days to four months to file a claim against the estate. 
• Payment of debts and taxes: Outstanding debts, taxes, and expenses of the estate must be settled. Once it is known how much is left, the inheritance amounts of the beneficiaries can be determined. 
• Asset distribution: Once all debts and expenses are paid, the remaining assets are distributed to the beneficiaries according to the terms of the will. 
• Court approval: After reviewing the final account, the court can approve the distribution of assets and close the probate case.

What Happens in Probate if There Is No Will?

When a deceased person in California does not have a valid will, the estate is subject to intestacy laws. In this scenario, the court appoints an administrator to manage the probate process. The administrator’s role is more or less that of an executor—they are charged with identifying, gathering, and distributing the deceased person’s assets following the laws of intestate succession.

Intestate succession laws in California dictate how an estate’s assets are distributed when there is no will in place. The surviving spouse and children are prioritized. If there are no immediate family members, other relatives may be considered for inheritance based on their relationship to the deceased.

The administrator must follow a specific order of distribution outlined by California law. An unfortunate consequence of this is that there are people and organizations who might have been very important to the deceased, but are not related. Examples include close friends, valued caregivers, and preferred charities. They are not a part of the intestacy process. 

All of which is another very good reason to make sure you have a good estate plan, including a will, to articulate your wishes in a legally binding manner.