What is the California Probate Code and how does it apply to my situation? How long does it take to probate a will in California?
These are two very important questions that get asked a lot when dealing with probate real estate. The California probate code is basically a list of rules, definitions, provisions and processes the delegate and control probate estates in the state of California. It talks about general provisions, deposits, executors, trusts, living wills, revocable wills, guardians, power of attorney’s, inventory, assets and liabilities as well as dozens of other in-depth definitions and explanations of California probate law.
The other question of how long does it take to probate a will in California varies on the basis of assets and liabilities, decedents and the process in which the will needs to take in order to be finalized. The process to probate and estate typically takes about 7 to 9 months and must occur in situations where a person dies with total assets valued at $100,000 or real property valued at $30,000 or more. The only exception is when it is willed to a spouse.
After the death of a person, the executor or administrator manages the person’s assets during probate. If there is a will stating an executor of the estate, that person must present themselves to the court with a petition as soon as possible along with a copy of the will and typically the death certificate. From there, the court issues a letter that enables the executor of the estate to inform all creditors that the decedent has passed away in the executor will act as a third-party to handle all of the debts and finalize accounts.
As with the California probate code, the California legal code outlines the rules for probate’s in the state of California. The judicial Council of California handles all of the list of court rules, which indicates procedures and forms that are needed in order to proceed with the probate.
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