Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
1. Identifying Real Property and Personal Assets
Under California Probate Code § 6400, “probate property” includes assets titled solely in the decedent’s name, such as real estate, bank accounts, and personal belongings. Community property (owned jointly by married spouses) passes outside probate if both spouses held title together.
Personal assets include tangible items (vehicles, jewelry, furniture) and intangible assets (stocks, retirement accounts). Non-probate assets—like assets held in trust or with designated beneficiaries—transfer directly to named beneficiaries.
2. Inventory and Appraisal
The personal representative (executor) must file an Inventory and Appraisal within four months of appointment, per Probate Code § 8800–8820. This process involves:
- Cataloging each asset, describing it in detail.
- Obtaining appraisals from court-appointed appraisers for real estate and high-value items.
- Filing the completed Inventory and Appraisal with the court for final approval.
3. Distribution Under Intestacy
If someone dies without a will, California’s intestacy rules (Probate Code §§ 6401–6407) determine who inherits probate assets:
- Spouse only: All community property and the decedent’s half of separate property (Prob. Code § 6401).
- Spouse + Children: Community property plus one-half or one-third of separate property, depending on number of children (Prob. Code § 6402).
- Children only (no spouse): Entire estate divided equally (Prob. Code § 6403).
- No spouse or issue: Parents inherit equally (Prob. Code § 6404), then siblings, then grandparents as prescribed in §§ 6405–6407.
Helpful Hints
- Gather title documents, deeds, account statements, and insurance policies early.
- Prepare a preliminary list of assets to expedite appraisal appointments.
- Keep heirs informed of probate timelines to manage expectations.
- Check for jointly held or beneficiary-designated assets to avoid unnecessary probate.
- Consider professional appraisers for high-value or unique items.
- Consult a probate attorney if complex property titles or creditor claims arise.