When a loved one dies, there are several tasks to manage regarding their property. Most estates, the legal term for the property someone leaves when they die, must go through probate.
Probate involves some complicated procedures. Working with an experienced attorney at Amity Law Group, LLP, could ensure you comply with the rules surrounding the notice of probate in Covina and any other requirements.
What is the Purpose of Probate?
Probate is a court-supervised legal process to distribute the property of a deceased person to others. When dealing with probate matters, the property a deceased person leaves behind is referred to as their estate.
During probate, anyone with objections to a will has the opportunity to voice their concerns. Individuals who believe they are heirs to the deceased can come forward during probate and claim a portion of the estate. Creditors can claim payment for debts owed by the deceased.
If a deceased person leaves no will, the probate court will appoint someone to manage all the tasks required for probate. However, if they left a will, it would name the person, the executor, who would administer the estate. If you are responsible for managing probate for an estate, our Covina probate attorneys could help you complete your tasks in compliance with the law.
Responsibility To Give Notice
As executor, you must present a petition to the court to start the probate process. After receipt of all the required documents, the court will set a hearing date. You are responsible for ensuring that everyone who might have an interest in the deceased person’s estate knows about the hearing.
California Probate Code § 1220 requires you to notify the deceased person’s heirs, beneficiaries, and creditors of the hearing at least 15 days before its scheduled date. You must send the notice by first-class mail to each person’s home or office address. Our Covina probate attorneys could help you identify all the people who must receive notice of the hearing.
You must send the notice directly to the recipient; you cannot send it via another person. If one of the persons who must be notified has a guardian or conservator, you must send it to both the person and their guardian or conservator. If one of the people to be notified has a lawyer representing them in the probate proceeding, you must send the notification to the lawyer.
Publication of the Notice
You may not have information about all of the deceased person’s debts or know the identity of all their heirs. You must satisfy your obligation to notify them of the probate proceeding by publishing a notice of probate.
You must publish this notice in a newspaper of general circulation in the area where the deceased person lived at least 15 days before the hearing. You must publish the notice at least three times, but not on three successive days. There must be at least five days between the publication of the first and last notices.
You can use the state-published California Form DE-121 to provide the required notice by mail and publication. As strict compliance is essential, it is advisable to work with a lawyer in Covina to ensure that you abide by all the notice of probate rules.
Contact a Covina Attorney Today for Help With Probate Notices
If you are responsible for handling a deceased person’s estate, you have a complex job. One of your first tasks will be to ensure that all the required parties receive a notice of probate in Covina.
There are strict rules around how the notice must be provided, and you must present proof that you did it correctly. Consider working with one of the experienced probate lawyers at Amity Law Group, LLP, to ensure a smooth process. Contact us today to learn how we could assist you with probate.
