When someone close to you dies, the emotions can be overwhelming. Unfortunately, there are practical matters you must attend to, even while in mourning.
Opening an estate in probate in Huntington Beach is complicated, but it must occur shortly after a person’s death. Contact the compassionate and experienced attorneys at Amity Law Group for help with all aspects of probate and estate administration.
When Is Probate Necessary?
When someone dies, the probate process is usually necessary, but not always required. The value of the probate estate determines the necessity for probate.
Some property automatically transfers to a new owner when someone dies. This property is not part of the deceased person’s probate estate. Examples of property that transfers without the need for a probate proceeding include:
- Joint bank accounts and accounts with a payable-on-death designation
- Property held in a trust
- Property held as joint tenants with right of survivorship
- Retirement accounts and life insurance policies with a named beneficiary
A probate attorney serving residents in Huntington Beach could help determine which of your loved one’s assets are part of their probate estate.
Once you have identified the assets that are part of the deceased person’s probate estate, you must make good faith efforts to establish the actual market value of these assets. You must file an affidavit with the court, listing the assets and their value. You could be personally liable for any mistakes or intentional undervaluing.
Small Estate Procedure
If the probate estate does not exceed a certain monetary value, which changes annually to account for inflation, you may not have to undergo the formal probate process. Instead, California Probate Code § 13100 allows the executor or personal representative to complete an affidavit regarding the disposition of the estate. Our legal professionals could determine whether the small estate procedure applies in your case.
Initiating Probate
If the deceased left a will, the person in possession of the will must file it with the probate court within 30 days of the death. This is referred to as lodging the will, and it is different from opening probate. However, this essential step ensures that the deceased person’s property is distributed according to their wishes.
Opening probate requires the executor of the will or anyone with an interest in the deceased’s property to file a petition with the probate court. The petition, California Form DE-111, is complex, and you may have to file numerous supporting documents. Our Huntington Beach attorneys could assist you in completing and submitting the necessary documents to open probate.
When you file the petition, the court will schedule an initial probate hearing. You must ensure that any party with a potential interest in the deceased person’s estate receives a notice informing them of your petition and the hearing date.
The Initial Hearing
At the initial hearing, the probate judge will appoint someone as the estate’s personal representative. If the will does not name an executor or the deceased person did not leave a will, the court will choose someone to represent the estate.
If anyone objects to the appointment, they can voice their concerns at this initial probate hearing. If there are no objections or the objections are deemed insufficient, the judge will issue documents to the personal representative allowing them to take legal possession of the deceased person’s assets.
Issues regarding the will or the identity of the deceased person’s rightful heirs may emerge for the first time at the initial probate hearing. Working with a skilled Huntington Beach probate attorney from Amity Law Group, LLP, could help you manage these difficulties after you open an estate.
Open a Probate Estate in Huntington Beach With the Help of a Capable Attorney
Probate can be intimidating, especially if you have not been through it before. Our compassionate attorneys are ready to help you with opening an estate in probate in Huntington Beach.
At Amity Law Group, LLP, our seasoned attorneys offer guidance throughout the process. Contact us today to learn more.
