The Probate Process Timeline

Probate Process Timeline

The probate process in California can be broken down into several key steps:

  • Filing the Probate Petition: This is the first step, and it officially starts the probate proceedings.
    Notice and Publication: After the Probate Petition is filed, notice is published in a local newspaper and mailed to heirs and beneficiaries.
  • First Court Hearing: This hearing, which addresses initial matters, takes place approximately five weeks after the petition is filed.
  • Issuance of Bond (if applicable): The judge may order a bond to insure the estate against mismanagement.
    Filing “Duties and Liabilities of Personal Representative”: The Personal Representative submits their responsibilities and obligations.
  • “Order for Probate”: The judge officially appoints the Personal Representative around 60 days after the petition is filed.
  • Issuance of “Letters”: The court issues “Letters” to the Personal Representative, granting them authority to act for the estate.
  • Gathering Assets and Inventories: The Personal Representative collects and safeguards all estate assets.
  • Notice to Creditors: Creditors are notified and given four months to file claims.
    Sale of Real Estate Properties (if necessary): Real estate may be sold, depending on the court’s authorization.
  • Resolution of Disputes: Any disputes among heirs or creditors may require litigation.
    Filing “Inventory & Appraisal”: The Personal Representative files an inventory and appraisal with the court.
  • Confirmation Process for Limited Authority: If the court grants Limited Authority, a confirmation process is required to sell real estate.
  • Change in Ownership and Reassessment Exclusion: The required forms are filed with the County Recorder.
  • Payment of Debts: The Personal Representative pays all valid debts.
  • Payment of Taxes: Taxes are paid.
  • Filing the Petition for Final Distribution: The Personal Representative requests court approval to distribute remaining assets.
  • Second Court Hearing: The second court hearing addresses final matters and the judge signs an order permitting distribution.
  • Final Distribution: The Personal Representative distributes the remaining assets.
  • Case Closure: The probate case is officially closed.

Disclaimer: This information is for informational purposes only and should not be considered legal advice.

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