Probate is the legal process that oversees claims and disputes regarding a person’s estate when he/she passes away. In case the deceased person had a last will, probate would ensure its validity.
The death of a loved one is one of the most traumatic happenings of one’s life. But, the life doesn’t stop there and neither does the responsibility. After the death of the loved one, the nearest relative or the legal heir needs to take charge of the assets and undertake the necessary procedure.
Probate is a legal procedure in which the will of a deceased person is proven to be legal and is carried out. In case of absence of a will, the laws of the land become applicable and disposal is done accordingly.
In California, the laws relating to probate are based on a number of factors like the value of the wealth, type of assets or property, loans and mortgages, etc. Let us have a look at some of them in brief, so that you can get some idea about ‘how to probate in California’.
Place of Domicile
If the decedent has died without a will in effect of part or full wealth, then the laws governing the place of residence will be applicable, if all the wealth is at the same location. If the wealth is distributed over more than one location then the laws of these different will apply. To carry out the probate properly, you need first gather information about the location of the decedent’s residence and his/her assets.
Different Parties to a Probate
If the decedent hasn’t named anyone as an executor, the probate court holds the right to appoint one. On the other hand, if the executor has been named but is felt to be incompetent by the beneficiaries, he/she can be removed. Additionally, an executor and administrator can be two different people. So you need to get information about who is or can be the executor and administrator and make sure that both are competent enough.
Value of the Properties
If the property of the decedent is categorized as having ‘small value’ then different provisions of Probate Code will be applicable. This is also decided according to the type of property, i.e. real property, personal property, etc. Hence, you need to gather information as much information about the properties of the decedent as possible.
Mortgages and other dues
As per the Probate Code, from the wealth of the decedent, all the mortgages and dues must be paid off before distribution. If any wealth is left after this disbursement, if there is any fund left, then it is distributed among the heir as per the decision of the court. Thus, to carry out the probate as per the provisions of the law, you need to first find out about all the major and minor dues and then pay them off in the best possible manner. In case of certain mortgages, it may be possible that the beneficiary is ready to take over certain asset along with the mortgage.
Apart from the above, there are a lot of other provisions which need to be taken care of while carrying out a probate. Hence, it is strongly recommended to hire an experienced Probate Paralegal or attorney and make the Himalayan task a completely smooth and easy one.
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