Detailed Answer
When an individual passes away in California, the personal representative (executor or administrator) must follow a court-supervised process to identify assets, settle debts, and distribute remaining property. Below is an overview of these steps under California Probate Law.
1. Locate and Secure Assets
Begin by identifying bank accounts, real estate, investments, vehicles, and personal property. Review mail for account statements, check safe deposit boxes, and search public records (e.g., county recorder for deeds). Use the California Secretary of State’s business search portal to locate ownership interests. Secure physical property and, if necessary, change locks on the decedent’s residence.
2. Open Probate Proceedings
File a Petition for Probate with the superior court in the decedent’s county of residence. This petition formally starts the probate process and asks the court to appoint you as personal representative. For legal requirements, see Cal. Prob. Code §8000. The court issues Letters Testamentary or Letters of Administration to grant authority to manage estate affairs.
3. Inventory and Appraisal
Within four months of your appointment, you must prepare and file an Inventory and Appraisal of all estate assets with the court. This document lists personal and real property along with their appraised values as of the date of death. For instructions and deadlines, see Cal. Prob. Code §8800.
4. Creditor Notice and Debt Settlement
Publish a Notice to Creditors in a local newspaper and mail it to known creditors within one month of appointment. Creditors then have four months from first publication to file claims. Review and evaluate each claim. For the full creditor claims process, see Cal. Prob. Code §9050 et seq.
5. Pay Debts, Taxes, and Expenses
After validating creditor claims, pay debts in the order required by law. You must also file the decedent’s final income tax return and any required estate tax returns. Keep detailed records of all payments. Court approval may be necessary for large or unusual expenses.
6. Distribute Remaining Assets
Once debts and expenses are paid and the creditor claim period has ended, file a Petition for Final Distribution. The court will review and, if approved, issue an order directing you to distribute the remaining assets under the will or, if there is no will, under California’s intestacy rules. See Cal. Prob. Code §11600.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Keep meticulous records of all estate transactions and receipts.
- File documents and notices on time to avoid delays or personal liability.
- Use the California Legislative Information website for up-to-date statute text.
- Consider consulting a probate attorney for complex estates or disputes.
- Communicate clearly with beneficiaries to manage expectations and reduce conflicts.