Starting the probate process early means understanding where to begin. Knowing the steps to file a probate in Orange County can help grieving families efficiently manage the process. While there is no deadline to file probate, beginning the process early can be helpful, mainly if issues arise.
A probate lawyer could assist families during probate filing and the process. Our seasoned attorneys could help manage the probate and deal with any challenges you may encounter. Call Amity Law Group today for more information.
Probate is typically required if a property needs to be transferred after a person’s death. Similarly, the probate process is necessary if the person dies with or without a will.
If the decedent’s property and assets were held in a trust and “payable on death” (POD) accounts, a probate may not be necessary. “Small” estates may be exempt from probate. However, the small estate exemption only applies to estates totaling less than the annual small estate exemption amount.
If the decedent has a combination of probate and non-probate estate, only the probate estate will pass through the process. Non-probate assets will be distributed outside of the probate.
You must determine who is filing a probate petition for your loved one’s estate. The named executor will start the probate process if there is a will. The court must officially appoint the executor as personal representative before they can begin managing the estate.
If there is no will or the named executor is unwilling or unable to handle the probate, another family member may initiate the probate. The court will appoint an administrator to handle the probate, and this appointee is typically the closest living relative.
The first step in the probate process is to file a petition in the Orange County Superior Court. The petition will be set for a hearing, usually within 30 days. A notice of the hearing must be published in the local newspaper and provided to anyone named in the will, possible heirs, and any alternative executors.
The Superior Court may appoint a personal representative or administrator during the hearing. Once appointed, they must gather documentation of all assets, liabilities, and property. After this information is gathered, the assets will need to be inventoried and appraised.
Before distributing any assets, the personal representative or administrator must notify creditors and pay any debts or taxes owed by the decedent. Thereafter, the estate may be distributed and then closed.
While grieving the loss of a loved one, managing their assets and affairs can become overwhelming. At Amity Law Group, LLP, our lawyers could assist you with filing probate in Orange County.
We provide support through each step of the process, from filing the petition to closing the probate. Contact us to schedule a consultation. We are ready to answer your probate questions and help you manage your loved one’s estate.
Amity Law Group, LLP
