A notice of probate involves notifying any interested parties that probate has been filed and informing them of the hearing date. “Interested parties” are anyone who must appear or give opinions on the estate distribution, such as family members, potential beneficiaries, and creditors.
Whether you are receiving or filing a notice of probate in Rosemead, let an attorney advise you on what to expect. Contact a skilled lawyer today to answer your questions and help you prepare for the proceedings.
What Is a Notice of Probate?
A notice of probate occurs when a probate petition is filed. This is when the court decides whether the petitioner is suitable to be appointed as the estate’s representative in the probate process. The notice also informs creditors that they can collect their debt through this probate proceeding. The person filing the probate petition or their attorney would be responsible for issuing the notice in Rosemead.
Generally, the notice is sent by registered or trackable mail. It will include the name of the decedent, the name of the petitioner, and the location, date, and time of the hearing.
Failing to File a Notice of Probate
Without the notice of probate, the court will typically postpone the hearing until the notice is properly sent. Alternatively, they may deny the entire petition, requiring the petitioner to refile.
Who Can File a Probation Petition?
Any interested party, including the nominated personal representative, can file a petition to begin probate. The court appoints a personal representative through the probate process to represent the estate and lead the distribution process. Beyond notifying potential beneficiaries and creditors of the probate process, their responsibilities also include appraising, allocating, and inventorying the assets and debts of the estate.
If the estate or asset is small, the representative may file an affidavit after giving a notice of probate. This would transfer the assets without having to go through probate. This expedited process generally occurs for assets owned by the decedent and a joint tenant, such as the surviving spouse. If the decedent had an estate plan prepared, such as a living trust or certain beneficiary designations, then probate court may be avoided.
Personal Representative Eligibility
The court will select the personal representative based on the order of priority among family members: spouses, children, parents, siblings, etc. The personal representative does not need to reside in the state. However, if the elected person does not want the responsibility or passes away before the end of the probate process, the court must appoint an alternate or successor.
Being a personal representative involves many duties and liabilities. They have a fiduciary duty and may face out-of-pocket costs, although the estate will eventually reimburse them. A Rosemead attorney could help guide a personal representative through the process, beginning with the notice of probate.
Contact a Rosemead Lawyer to Discuss Notices of Probate
Legal counsel may be a valuable resource from the moment you decide to petition to open an estate in probate. A lawyer could ensure you file the appropriate forms and help you prepare for the probate hearing. It is a good idea to go through your probate petition with an attorney to confirm that the information is accurate.
For questions about a notice of probate in Rosemead, reach out to our firm today. Contact us to set up a consultation.