The executor is the person appointed to manage the estate of a deceased individual. This person may be named in the will or assigned by the court if no one was designated. In cases where there is no will, an administrator is appointed by the court to manage the estate. The person who has passed away is referred to as the decedent, and if they died without a valid will, the estate is considered intestate. This means the assets will be distributed according to California’s intestacy laws. Conversely, if there is a valid will, the decedent is said to have died testate, and their estate will be distributed as directed in the will.
<a href="https://www.moravecslaw.com/pr....obate-estate-in-cali proceedings in California</a> are governed by the Probate Code, and the process typically begins with a Petition for Probate—a formal request to open a probate case filed with the probate court. If an executor is appointed, they receive Letters Testamentary, authorizing them to act on behalf of the estate. If there is no will and an administrator is appointed, the court issues Letters of Administration to grant their authority. As part of the process, a Notice to Creditors must be issued, allowing creditors to make claims against the estate. Another key step is the Inventory and Appraisal, a detailed listing and valuation of the decedent's assets, which is often conducted by a probate referee—a court-appointed appraiser who evaluates non-cash assets.
Some estates in California qualify for a simplified process. If the estate’s value is below a certain threshold, a Small Estate Affidavit may be used to transfer assets without formal probate. Similarly, a Spousal Property Petition offers a simplified process for transferring assets directly to a surviving spouse. The legal heirs of the decedent, or heirs-at-law, are determined by the intestate succession laws if there is no will. Additionally, a will contest may arise if someone challenges the validity of the will, potentially due to concerns of fraud, undue influence, or lack of capacity.
Other terms are critical to California probate. For example, trust administration refers to the process of managing and distributing assets held in a trust, which bypasses probate entirely. Real property, such as real estate or land owned by the decedent, may require special handling in probate. Additionally, an executor may be required to secure a bond as a financial guarantee to protect the estate from potential mismanagement. A final accounting report details all transactions made by the executor or administrator before the estate is closed. Finally, beneficiaries are the individuals or entities designated to receive assets from the estate or trust.
Other considerations include the Letters of Conservatorship, which grant authorization to manage the affairs of an incapacitated person, a situation that may overlap with probate if that person passes away. In California, community property laws affect how assets acquired during marriage are treated in probate. Certain protections, such as the homestead exemption, allow a portion of the decedent's primary residence to be shielded from creditors during probate.