I am in possession of a will that distributes the
decedent’s estate to me, isn’t this all I need?
No. The will must be admitted to probate and the
estate of the decedent must be “probated.”
What does “probate” actually mean?
Probate is a court proceeding that administers
the estate of an individual.
What is the purpose of “estate administration?”
There are five purposes, many of which have
subsets to them:
1. To determine that the decedent is in fact
dead
2. To establish the validity of the will
3. To identify the heirs and devisees of the
decedent
4. To settle any claims that creditors may
have against the estate of the decedent
To distribute the property
Who is the Public Administrator?
A public administrator is a person or entity
appointed by the State to act when there is no
will or relatives.
What is the difference between “Testate” and “Intestate”?
When one is said to have died “Testate,” it means
he or she died leaving a will. If one is said to have
died “Intestate,” it means he or she died without
leaving a will.
What is the difference between and
executor and an administrator?
An “executor” carries out the directions and
requests set forth in the decedent’s will. An
“administrator” is appointed by the court to
manage the estate of a decedent who dies
intestate.
What are the steps to a normal, uncontested
probate?
Very generally speaking they are as follows:
- Death of the decedent
- The will is delivered to the executor or
Court Clerk. - A Petition is filed for the Probate of Will or
Letters of Administration - A hearing is held on the petition.
- Letters of Administration are issued by the
Court. - Notice to creditors is given.
- Inventory and appraisement of the estate
is made by an independent probate
appraiser. - File Federal estate tax return. Return states
“No Tax Due” or specifies an amount due. - Final accounting and petition for
distribution - Discharge of personal representative.
While real property is “in probate” can it be
sold?
Yes. Without getting into too much detail it can
be sold either at private sale in which the
executor of the estate negotiates a transaction
with a buyer or at public sale in which the
property is sold at public auction.
If there is no will, how is the property of the
estate distributed?
Sections 6400 through 6414 of
Probate Code addresses intestate succession
and the distributions. The method and manner
of intestate distributions is quite complex and
therefore one should specifically discuss
intestate distributions with his or her legal
advisor.
Velasco Law Group is an estate planning and Litigation law firm, with offices in Long Beach, Downey, and Irvine. The firm is able to provide legal consultations in both English and Spanish and has a stellar reputation for its humanitarian work in the community. For more information contact the office HERE.
For a FREE consultation, Please let them know Aguilar Realty Group Homes referred you.
