You spend a lifetime accumulating wealth, but there comes a time to decide how you want it distributed when you pass away. You can have your attorney draft a will naming an executor, the person you wish to oversee where your money, real estate, and personal property go. However, the Superior Court judge appoints an administrator if there is no will.
The tasks involved in winding up your estate can be complicated, and the bigger the estate, the more complicated it is. The court oversees distribution to family members, friends, and charities, but the role of a personal representative in Covina probate cases is the most crucial. To learn more about this process, contact a seasoned probate attorney today.
The Probate Process
California requires a person holding another person’s will to file it with the Superior Court in the county where the deceased lived within 30 days of their death. This opens a probate case, and the judge will verify that the submitted document is the person’s lawful will.
The executor named in the will or the administrator the judge chooses if there is no will is formally appointed as the personal representative to supervise the administration of the estate through the issuance of “Letters Testamentary” or “Letters of Administration.” Certified copies of these letters are used to inform tax authorities, banks, title companies, and others that the party has died, and the personal representative is handling the disbursement of property.
A “Notice of Petition to Administer Estate” is issued to notify creditors that they have four months to file a claim against the estate. The duties of a personal representative in Covina probate cases follow the terms of the will, or if there is not one, the law uses a formula to determine who inherits the assets, generally a spouse and children, but if there are none, other relatives.
Tasks of a Personal Representative
Personal representatives have a fiduciary duty to proceed according to a will or the court’s guidance. This means they cannot self-deal and must work in the best interest of the beneficiaries. Duties include the following:
- Identifying probate assets since some assets are excluded, such as property held jointly with a spouse, assets in trust, insurance policies and retirement accounts with designated beneficiaries
- Settling with creditors who file claims against the estate
- Identifying beneficiaries named in the will or according to California law if there is no will
- Submitting final federal and state tax returns and paying any amounts due
- Abiding by special requests made in the will, such as relocating a minor child to a named guardian
- Determining if federal estate taxes are due and paying them
California does not impose a state inheritance or estate tax. Because administering an estate is dependent on the legal system, our knowledgeable Covina attorneys offer patient guidance to those acting as personal representatives and with questions about the estate planning process. Schedule a strategy meeting now to discuss probate cases further.
The Last Duty
After paying creditors and taxes, identifying beneficiaries and the assets they are entitled to, the personal representative’s last duty is to distribute the assets with new titles in the heirs’ name, if applicable. Heirs must survive the deceased person by five days to inherit, and a surviving spouse, who is usually entitled to all the community property and half the separate property, will not inherit community property if the couple is legally separated prior to death. Once the distribution is complete, the role of a Covina personal representative ends and the probate case is closed.
Learn More About Personal Representatives in Covina Probate Cases
Personal representatives in probate cases have many responsibilities. In addition to a long list of duties, they often must referee when disgruntled heirs are unhappy with the handling of the estate or how long the process takes, generally nine months to almost two years.
If you have been named a personal representative in a Covina probate case and are unsure about what to do next, our estate planning attorneys are happy to explain the process, ensure you understand it, and provide the legal help you need to accomplish the mission entrusted to you. Schedule a meeting now.
