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If you are currently dealing with, or about to deal with, the California state court system with respect to a probate or estate issue - the following information should be helpful to you.

Probate law governs estate matters when someone who, such as a family member or other loved one, passes away. These laws insure that creditors are paid properly and that assets are distributed correctly to the "heirs," or the descendant(s) of the estate.

What is the purpose of Probate? Probate is the legal process that deals with estate assets and property, with regard to heirs and creditors. Probate begins with a "petition" to open the estate and name a personal representative who is responsible for the administration of the deceased's property.

The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.


California Probate Law

For California probates, how the "petition" is filed with the court is critical. It may be necessary to submit and file a written formal objection for the hearing, which generally necessitates speed, in order not to miss key deadlines.

Your estate's personal representative is responsible for inventory and appraisal of the estate, in accordance with California probate law. Naturally, your probate attorney, who is experienced in CA probate and fully understands probate procedure on all levels, will enter into this intricate part of the formal probate process.

In the California probate process, the ability to meet formal deadlines correctly is crucial. Otherwise, you'll experience delays and the possibility of probate problems may develop.

The process of verifying petitions, which is one of the numerous obligations the personal representative is responsible for, is critical the California probate process, as this step kicks off the entire probate process.

Appropriate parties are permitted to submit a "response or objection" during or prior to a probate hearing in the state of California. The court accepts or rejects this sort of response on the spot. The court may possibly call for a "continuance", to set aside more time to deal with this particular issue in the future, if it appears that it may take more time that anticipated to resolve.

In California, formal requests for "continuances" are not interpreted as "objections" or "responses", and they must fall within the time limits set by the court. So, as you can see, there is a need for your personal representative to be on top of specific deadlines, which is where your probate lawyer will come in, insofar as preparing documentation is concerned.

Another important note on California probates: as far as the state of California is concerned, the "guardian" or "conservator" of the estate in probate has 90 days to present the court with an inventory that includes a "true statement" of the estate of the "conservatee". This oath will need to be formally endorsed. Moreover, your Inventory will need to be appraised as set forth by the guidelines of California law governing estates and decedents.

Probate in California

California does not have a separate probate court. The Superior Court has jurisdiction over estate, mental health, and juvenile matters. The court does not allow jury trials for juvenile cases.

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