Here’s a step-by-step guide on how to begin and complete probate in California, along with the corresponding court form numbers for reference. Please note that this is a general overview, and it’s always advisable to consult with an attorney for specific guidance and to ensure compliance with current laws and regulations.
Step 1: Petition for Probate
– Complete and file the Petition for Probate (Form DE-111) with the superior court in the county where the decedent resided. This form requests the court to open the probate case and appoint an executor or administrator.
– Additionally, file other necessary forms, such as the Notice of Petition to Administer Estate (Form DE-121) and the Confidential Supplement to Petition for Probate (Form DE-226).
Step 2: Notice to Interested Parties
– Serve notice of the probate proceedings to all interested parties, including heirs, beneficiaries, and creditors.
– Use forms such as the Notice of Petition to Administer Estate (Form DE-121) and the Proof of Service of Notice of Petition to Administer Estate (Form DE-140) to document and provide evidence of proper notice.
Step 3: Inventory and Appraisal
– Prepare an inventory of the decedent’s assets, including real estate, bank accounts, investments, personal property, and any other assets.
– Obtain appraisals for assets that require a valuation, such as real estate or valuable personal property.
Step 4: Payment of Debts and Taxes
– Determine and notify creditors of the probate proceedings.
– Pay valid debts, including funeral expenses, taxes, and outstanding bills using estate funds.
– File necessary tax returns, such as the California Estate Tax Return (Form 706) and federal estate tax returns if applicable.
Step 5: Prepare the Final Accounting
– Once all debts, taxes, and expenses are paid, Prepare, and file the Final Account and Report (Form DE-295) with the court, documenting the distribution of assets.
Step 6: Close the Probate Case
– File the Petition for Final Distribution (Form DE-295) to request the court’s approval of the final distribution and the closure of the probate case.
– Submit supporting documents, including receipts and waivers from beneficiaries or heirs, if applicable.
– Attend the court hearing for the final distribution.
– Distribute the remaining assets to the beneficiaries or heirs as specified by the will or California law.
Again, please note that this is a simplified overview, and the probate process can be complex. Consulting with an attorney who specializes in probate law is highly recommended to ensure compliance with current laws, and local court rules, and to receive personalized guidance throughout the process.