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As you can see, this procedure becomes somewhat of a "public event".
Eventually, the Court will order that the decedent's property be distributed, receipts will be obtained and filed, and the case ultimately closed. This process may take one to two years to complete.
Again, this cumbersome and expensive procedure can often be avoided if proper "estate planning" documents were created, including a trust.
Many people know this to be true, but procrastinate because " ... there is still plenty of time left".
Creating a proper estate plan is a good house-keeping tool and will substantially ease your loved ones' burdens when you pass away.
Probate is the legal process that transfers property (real and personal) when someone has passed away -- either with or without a Will. If a Trust was properly created and funded, then there would likely be no reason to go through the probate process. Therefore, this information assumes that no Trustwas created.
Probate is generally a costly and lengthy procedure. Attorney fees are "statutory". This means that the Probate Code establishes the amount of fees that can be charged, and the Court must approve the fees.
A petition must be published in a local newspaper of general circulation, and a "notice to creditors" must be included. Creditors then have 120 days to file a "creditor's claim" if they are seeking to recover money from the decedent's estate.
All known heirs and relatives must also receive notice of the probate petition, and advised of their right to appear in Court and have the opportunity to be heard.
Probate is generally a costly and lengthy procedure. Attorney fees are "statutory". This means that the Probate Code establishes the amount of fees that can be charged, and the Court must approve the fees.
A petition must be published in a local newspaper of general circulation, and a "notice to creditors" must be included. Creditors then have 120 days to file a "creditor's claim" if they are seeking to recover money from the decedent's estate.
All known heirs and relatives must also receive notice of the probate petition, and advised of their right to appear in Court and have the opportunity to be heard.