Legal Question in Wills and Trusts in California

Re: File My Own PROBATE Administration

Of course, a lawyer would always suggest that you hire a lawyer. Depending on the circumstances, the lawyer's maximum fee is dictated by the Probate Code. Nevertheless, there are several self-help books available. If you have a law library accessible -- usually at the local courthouse or nearby -- there are guides there about how to do it. The courts usually understand that some people will want to handle their own probate cases.

Re: File My Own PROBATE Administration

If no will the spouse usually gets everything. If you want to investigate further call me directly at 16192223504.

Re: File My Own PROBATE Administration

To start the probate process it is necessary to file a petition with the superior court in the county where the deceased person lived at the time of death. This petition is set for hearing approximately 30 days after it is filed with the court.

If there is an emergency and it is necessary for someone to act within the 30 day period, it is possible to get someone appointed within 24 hours as a "special administrator." This person handles estate assets until the executor or administrator gets appointed. If the decedent was the only signer on a business bank account and salary and other bills have to be paid immediately, a special administrator can be appointed.

After the petition is filed, a notice of the court hearing must be published three times in a local newspaper. In addition, a notice of the court hearing must be mailed at least 15 days prior to the hearing to everyone named in the will, all of the deceased person's heirs at law (those people who would inherit if he or she died without a will).

After the appointment the executor or administrator must file a special form with the court titled "letters testamentary" or "letters of administration." This is signed by the person, and he or she agrees to act as executor or administrator. Later, when taking legal action or transferring assets, other parties will want a certified copy of these "letters" showing that the person has the legal authority to act. These "letters" cost approximately $7-10 per copy.

If you would like complete, affordable assistance here, for peace of mind, contact our office today.