Probate proceedings for some estates can drag on for many months or even years. But, by following some of the below guidelines, participants of a probate proceeding can ensure that the probate process is concluded as soon as possible.
As an estate executor, one is required to conduct a search for a decedent’s heirs and beneficiaries. This process can present certain challenges, especially if there is no surviving spouse or close family members who may be able to provide this information. To locate these heirs, the executor must make “reasonably diligent efforts.” But what will the court consider “reasonable”?
This can vary in every case but, by following the below list, executors can provide the court with a degree of certainty that “reasonable” efforts have been completed. Read more
In California, the person in possession of a will is required to deliver the original copy of the will to the court within 30 days of learning of the death of the testator (person who created the will).These actions are required even if no additional probate proceedings are, or are likely, to be initiated. The person in possession of the will must also delivery a copy to the executor, if one named in the will, or the will’s beneficiaries.
If the location of a will is not immediately known, however, a search may be required. Even where a will may be easily located, a search codicils (additions to the will) and later wills is required. The following points include helpful tips for locating a will or codicils. Read more
This is a very common question and one of the most misunderstood points in probate administration. It is a common misconception that if a person has a will in place when they pass away formal probate is not required. Unfortunately, this is not the case and a valid will has no impact on whether or not court-supervised formal probate proceedings must be initiated. Read more
Estate administrators have no small task ahead of them. The below first steps are only part of what an administrator is required to complete but each item is a key requirement in the beginning of an probate administration and should be completed as soon as possible. Read more
In California, there is only one form required to begin a probate proceeding. This form is entitled DE-111 and is known as a petition for probate. A copy of DE-111 can be found here. While a step-by-step overview of how to fill out the form would take much more than a simple blog post to address, the general information required to complete the form is somewhat straightforward and is covered below. Read more
When filing a DE-111 Petition for Probate (covered further here), the filing party is required to submit the petition in the County that the decedent was “domiciled” at the time of their death. Generally, the decedent’s domicile will be easy to determine. In cases where a decedent may have recently moved or maintained multiple residences, however, additional review may be necessary. Read more