Ideally, this will be the executor, but any relative or entitled beneficiary can start the probate process by filing California Form DE-111.This petition must be filed with the Superior Court of California in the county where the deceased resided at the time of their death. To initiate probate proceedings, the executor of the will or a lawyer acting on behalf of the estate must initiate proceedings in the local probate court. If there is no will, the next of kin must initiate administration proceedings in the probate court. This law initiates the probate process.
The Probate Investigation department will review all petitions and orders for content and legal requirements before the court acts on them. Investigation staff will publish probate notes detailing any legal deficiencies and making recommendations to the Court. Probate notes are generally available 2 weeks before the hearing date. Finally, probate can describe the process, from start to finish, of liquidating the estate of a deceased person, as in: “The probate lawyer advised me that the succession may take longer than 12 months.
In this case, probate would refer to the process of ensuring that the will is valid, distributing property and assets, paying final bills, taxes, and other debts. The court will formally close the estate, complete the probate process and your role as executor. By law, most states require you to file the original will in the probate court in the county where the person lived within 10 to 30 days of possession. For example, it is not uncommon to discover assets within a few months; their value may mean that the estate no longer qualifies for out-of-court transfer proceedings or that you must legalize the assets before you can transfer them to the deceased person's living trust.
If you plan to sell those assets during the estate settlement process or pass them to a beneficiary, you will need to go through an estate. Succession is not always necessary, for example, it will not be necessary if all or most of the deceased person's assets go through a trust that avoids succession, goes to a surviving co-owner for survivor's right (some retirement assets, for example), or transferred through a beneficiary designation (such as a payment - bank account in case of death). Each probate court has its own detailed rules regarding the documents it requires, what they must contain, and when they must be filed. While laws may differ between state and county court, the costs of liquidating the estate are the first costs paid by the estate.
If estate assets are held in trusts, in accounts with designated beneficiaries, or are jointly owned (with the other owner still alive), succession may not be required. This process is ultimately beneficial to the executor, as you will minimize your legal risk by acting under the supervision of the court. You may need to get permission from the court before selling the deceased person's real estate, distributing the property to beneficiaries, or paying an attorney or yourself for work done on behalf of the estate. The court can be involved in many aspects of the estate closing process, from determining if the will is valid and ensuring that laws are followed, to ensuring that assets are properly distributed and closing the estate.
If the jointly owned asset is real property, legalization is the only way to remove the deceased party from the title. Depending on the protocols of the state in which you are testing, as well as the size and complexity of the deceased's estate, this process can take a short time (weeks) or a long time (years). Legalization of an estate occurs so that the court can oversee processes in which legal title to real property is transferred from the estate of the person who has died, also known as the deceased, to its beneficiaries. The unsupervised formal will in UPC states is a traditional court procedure, much like the regular will described above.