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A Probate & Estate Administration firm representing clients in the Orange County area.
Probate. Probate refers to the combined result of all the procedural acts necessary to establish the validity of a will. It is a legal process through which the assets of a deceased person are inventoried, distributed to pay creditors' claims against the estate, and, if there are remaining assets, distributed to the heirs or beneficiaries.
If the decedent has been deceased for less than two years, a copy of the funeral bill is also required. This type of proceeding is filed to request release of the decedent's assets to the person who paid for final expenses such as funeral costs or medical bills that accrued in the last 60 days.
The Probate Department for Orange County is located in the Central Justice Justice Center in Santa Ana, California. If you must file a probate petition in another state because there is real property in that state, the courts in that state may use a different name for probate court.
Probate is the court-supervised process developed under California law that transfers legal title of property from the estate of a person who has died to beneficiaries. At the beginning of probate, a petition is filed with the court. After notice is given, and a hearing is held, the will is admitted to probate and an executor is appointed.
You can ask the court for a hearing if the court makes such a decision. If you win your case in most circumstances the other side will be ordered to pay your waived fees and costs to the court. The court will not enter a satisfaction of judgment until the court is paid.
A request to dismiss the case must reflect that the waived fees and costs have been paid. The court can collect fees and costs due to the court. If waived fees and costs are ordered paid to the trial court, the court can start collection proceedings.
No, “probate estate” refers to any property subject to the authority of the probate court. Assets distributed outside the probate process are part of a person’s “non-probate estate.”. California has “simplified procedures” for transferring property for estates under a certain amount depending on the kind of property.
In this case, there is 18 months to complete probate.
If no will exists or the will does not name an executor, the probate court appoints an administrator to handle the process. The Court usually chooses the closest living relative, or someone who will inherit a portion of the decedent’s assets.