Probate

The following is an outline of what and when things happen in the usual probate situation.

● File Probate Petition at the courthouse (1st-2nd mo.)

● First court hearing date notice is published in a newspaper of general circulation in the decedent's resident city, and mailed to all heirs and named beneficiaries (immediately after filing Probate Petition)

● First court hearing date is held (approximately 5 weeks after filing Probate Petition)

● Issued Bond - if ordered by the judge (2nd-3rd mo.)

● “Letters” & “Order” appointing the Personal Representative are issued (2nd - 3rd mo.) - Real Estate can be marketed and sold

● Personal Rep. opens an estate's bank account with the estate's EIN tax identification

● Personal Rep. gathers all assets and inventories for safekeeping (0-3rd mo.)

● Notice to Creditors sent to all reasonably known creditors and applicable government agencies (2nd-4th mo.)

● Real estate properties are sold (3rd-4th mo. if Full Authority is granted under IAEA) - Full Authority > Notice of Proposed Action > Closed Escrow

● Inventory & Appraisal filed with the court (4th-6th mo.) - after probate referee has been appointed/assigned by the court

● Selling Property under > Limited Authority > must sell for at least 90% value of the Inventory & Appraisal > Court Confirmation > Close Escrow

● Change in Ownership Statement Death of Real Property Owner filed with County Recorder (4th-6th mo.)

● Claim for Reassessment Exclusion for Transfer between Parent and Child filed with County Recorder (4th-6th mo.)- Prop 58. Prop 193 Grandparent to Grandchildren

● Debts are paid (4th-6th mo.)

● Taxes paid (6th-12th mo.)

● Petition for Distribution filed (8th-2th mo.)

● Second court hearing date for distribution (9th-12th mo.)

● Order signed by the judge allowing distribution to heirs (9th-12th m.)

● Distribution to heirs/beneficiaries (9th-12th mo.)

● Receipt on distribution from heirs that money distribution is received (10th-12th mo.)

● Ex Parte Petition for Final Distribution and Order signed by a judge (10th-12th mo.)

● Case closed (10th-12th mo.)