Tip Sheet on California Real Property Probate Transfers by Mark W. Bidwell

Share Article

In California a Petition for Probate of Will and Letters is required to begin the process to transfer assets from a decedent to beneficiaries of the Will. Tip Sheet by Mark W. Bidwell explains what is probate in California.

Superior Court of California Probate Division

Tip Sheet by Mark W. Bidwell explains what is probate in California. “Probate” is the transfer of California real property from a person who has died to that person’s heirs under the supervision and protection of the Superior Court of California.

“Probate” is the transfer of California real property from a person who has died to that person’s heirs under the supervision and protection of the Superior Court of California. This Tip Sheet by Mark W. Bidwell identifies how to begin probate as the best way to understand what is probate.

Probate begins with filing a Petition for Probate for a hearing and to provide notice of the hearing. Most often the petition is filed in the county where the decedent died. If the personal representative is nominated as executor in the Will, the Petition is for “Probate of Will and for Letters Testamentary.” If the personal representative is not named in the Will, the Petition is for “Probate of Will and for Letters of Administration with Will Annexed.” “Letters” are on page document authorizing the personal representative to act on behalf of the decedent.

Prior to issuing letters it is standard practice for the Courts to require the personal representative to post bond for his or her performance. A bond is not cheap and is in effect a credit application. A personal representative with a poor credit record may be able to obtain a bond. If the Will waives bond or if all beneficiaries waive bond the courts will generally honor the waiver.

If the decedent owned real property the Petition should request authorization to Administer under the Independent Administration of Estates Act. This authority allows for the sale of real property in probate without a court hearing and without a court auction.

The probate court is required to have a hearing within 45 days of the date the petition is filed. Fifteen days prior to the hearing all heirs of the decedent and all beneficiaries of the Will must be provided written notice of the hearing and a copy of petition. Notice of the court hearing must be published in an adjudicated, local newspaper three times over a 15 day period prior to the hearing.

“Probate” is the transfer of California real property from a person who has died to that person’s heirs under the supervision and protection of the Superior Court of California. Probate begins with filing a Petition for a hearing for “Letters.” The hearing begins the probate process that will take about one year to complete.

This press release is provided by Mark W. Bidwell, an attorney licensed in California. Mark W. Bidwell markets legal services through his website http://www.deedandrecord.com Office is located at 4952 Warner, Suite 235, Huntington Beach, California 92649. Phone number is 714-846-2888.

Share article on social media or email:

View article via:

Pdf Print

Contact Author

Mark Bidwell
Timeshare Lovers
since: 05/2016
Like >
Follow us on
Visit website