THE PROBATE ADMINISTRATION PROCESS

The Administrator or Executor must be a United States resident and be at least 18 years of age. A will may name a non-resident as their Executor. The Executor and Administrator will need the courts permission to perform certain task, but they are not supervised by the probate court. The court's permission is need to perform task like;

• Pay attorney fees
• Pay executor fees
• Pay out distributions to beneficiaries
• Close the estate

Administrator | Executor | Duties and Responsibilities

• Collect decedent money i.e. salary, interest dividends, or any additional money that is owned to the decedent.
• Must decide what assets are to be sold and if the real estate is to be sold.
• Determine what the decedent owns. Taking an inventory of all of the assets will allow the executor or administrator to distribute property efficiently.
• Identify the heirs and their share in the estate if there is no will.
• Send out legal notice to creditors.
• Verify creditor's claims
• Continue to pay the mortgage, homeowners' insurance, and utility bills
• A certified copy of the death certificate is required when notifying banks, credit card companies, government agencies i.e. social security, and insurance companies of the death.
• Let the post office know the forwarding address to send mail and disconnect the utilities. 
• Open checking account.
• Determine the amount of the payouts and who gets what.
• File income tax returns and pay taxes due.
• File receipts for distribution and close the estate

Complications to the Probate Process

The probate administration process is not always simple. Some complications can arise with assets that are not subject to probate. Properties such as life insurance policies, properties owned through a living trust, and titles considered “joint tenants with right of survivorship” do not pass through probate.

Individuals receiving disproportionate amounts of the estate may contest the will. These issues require an estate planning attorney to reach a resolution.

Closing Probate Estate

Once the Petitioner for Final Distribution has been filed the distribution of real property, title, giving money, and other assets are given out once a court order has been granted.

A court hearing will be set when the Petition for Final Distribution is filed.

If the Court grants the Petition for Final Distribution, an Order for Final Distribution must be filed.

After the judge signs the Order for Distribution the executor or administrator can distribute the remaining funds according to the order.

All heirs or beneficiaries must sign a Receipt of Distribution listing they receive.

When all property of the estate has been distributed according to the Order for Distribution, the filing of an Ex Parte for Final Discharge and Order along with the Receipts showing distribution is submitted to the courts.

This final step is needed to close the estate and discharge you from your duties and liabilities as the personal representative.

Simplified probate procedures apply to the transfer of property in California when the value of the estate is under a certain amount ranging from $20,000 to $150,000.

Title To Real Property Held in Joint Tenancy

When title to real property is held in joint tenancy and there is a death. An Affidavit alone with a certified copy of the death certificate must be filed at the recorder's office in the county where the property is located. This transfers the property to the surviving joint tenant.

Consult with a probate attorney when considering filing an Affidavit due to the possibility that there may be tax consequences.

BANK ACCOUNTS HELD IN JOINT TENANCY

In most cases, you can remove the deceased person’s name from the accounts by taking these documents to the bank:

• A certified copy of the death certificate of the deceased joint tenant, and
• A check drawn for the balance of the checking account, or
• The savings account passbook.

VEHICLES HELD IN JOINT TENANCY

The National Automobile Club of California and the California State Automobile Association (AAA) will help you get the ownership certificate and the registration card reissued.

Take the documents listed below to the club office closest to you. You can find the address in your phone book. They will give you a temporary ownership certificate and send your documents to the Department of Motor Vehicles (DMV) for re-issuance.

• The ownership certificate signed by the surviving owner,
• The registration card,
• A certificate of compliance with the smog-pollution control law (if the deceased joint tenant is not the grandparent, parent, sibling, child, grandchild, or spouse of the surviving joint tenant.) and
• A certified copy of the death certificate for the deceased joint tenant.

SECURITIES HELD IN JOINT TENANCY

Take or mail the following documents to the transfer agent at the financial institution:

• A certified copy of the death certificate of the deceased joint tenant, and
• The original stock certificate (if the deceased joint tenant had one).

There may be tax consequences. So, talk to a lawyer first.

It is very important that you hire a certified probate certified probate and trust specialist. Not agents that don't understand the probate process in California.

Professionalism, Responsiveness, Highly recommended!

Sherman is a Certified Probate and Trust Specialist. He understands the probate process and how to engage with the Probate Court and probate attorneys. Contact him if you are selling a probate home to get the probate services and help you need. Call, Text, or email Sherman today!