After losing a loved one, starting the probate process can be challenging. You need to jump through hurdles to check the validity of wills and administration of estates to close that chapter completely. If you live in San Diego County, this short guide will provide all the important information about the probate processes. Let’s get right into it.
Alt text: Teddy bear near tombstone
Starting the process
The probate process usually starts when the chosen executor files a petition in the probate court. In most cases, the executor is selected by the deceased person in the will. However, not all deceased people have a will. So what happens then? According to Katzner Law Group, the probate court will often appoint an administrator to handle the process.
This administrator or executor will provide all the information necessary, including the details of the deceased and the estate, in a petition. The probate court will then decide on which date to hear the petition.
During the hearing, the court will check if everything is correct and then grant letters of administration to the administrator if there was none appointed in the will. If there were an executor, the court would make their role official by granting them letters of testamentary.
This allows the executor to manage an estate on behalf of the deceased person. To give you a clearer idea, let’s consider singer Michael Jackson. The singer named his executors in his will, attorney John Branca and his music executive, John McCain.
What the executor does
As a representative of the deceased, the executor identifies all properties owned by the deceased and appraises them. The process is tougher than it looks for someone without a legal background. This is why many executors will choose to work with a probate lawyer.
The probate lawyer will not only appraise the estates but make payments on behalf of the deceased. If the deceased had unpaid debts and taxes, the executor would handle it. In some cases, where there are no funds to make the payments, the executor may have to sell some of the property to pay the debts.
If the executor needs to sell any property, they can use a probate lawyer, and the fees for the process will be covered by the estate.
Asset distribution
Remember that the executor is meant to conclude the will and testament of the deceased. This also includes sharing the property left. However, the property cannot be shared until debts and taxes have been paid. Once this is done, the executor will begin the sharing according to the deceased will.
What then happens where the deceased left no will? Thankfully, states have intestate succession laws, and the properties will be shared according to those laws. In San Diego County, the law follows familial relationships, meaning it will consider children, spouses, parents, and siblings among others.
But it doesn’t stop here. The executor still needs to go back to probate court after all the matters are concluded and share an account of the process. The court will order the court probate closed once all is in order.
