October 29th, 2022 in Probate
What is a probate administration? A probate administration is the court process to transfer the assets of a decedent to his or her heirs or beneficiaries. The court oversees the transfer through a court supervised proceeding. Before the assets are transferred, a court order authorizing the transfer is required.
Whether or not a probate proceeding is required depends upon what documents, if any, your loved one had and the value of the estate. If the estate plan only consisted of a will, a probate will need to be opened. If no estate plan was done, a probate will need to be opened. If there was a trust and a will, a probate is generally not required.
A simple test to determine whether you need a probate is do you need the decedent’s signature to transfer the assets. For example, your mother had a home when she passed away and the home was held in her name individually. In order to transfer the home, you need your mother’s signature. A probate will be opened to authorize someone to sign on your mother’s behalf to transfer the property. The same would be true for a bank account that does not have designated beneficiary.
A probate is the process where a decedent’s estate can be administered through a court proceeding. The court oversees the process and the administrator or executor (depending upon whether there is a will) is required to do certain acts required under the California Probate Code. A general probate can take 12 months to 18 months, depending upon the court’s schedule and the complexity of the estate administration.
