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Phone: 925-852-6014

Free 30 Minute Initial Consultation. Telephone Conferences Available via Phone and Video.

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Are there special reasons for probate?

On Behalf of | Dec 17, 2021 | Estate Planning |

Death is the central reason for your local court to issue a probate proceeding. People who die without an estate plan have assets that a public court accounts for instead. Your estate isn’t just exposed to taxes when you pass; public courts in California need to also find your heirs and make sure that the wishes of your will get honored. Though estate administration is the single objective of probate trials, the conditions of each hearing change based on the estate.

Marshaling assets

Knowing what starts a probate court hearing in California can help you to prepare for one. The first step is to make a public notice of someone’s death. The initial stages of probate require that the deceased’s assets be valued and collected. The estate owner’s Tax Identification Number is also filed. A court appointee has to then file the property as tangible and intangible assets with the IRS. The inventory assessed in these phases is the basis of an estate’s appraisal.

Making payments

Payments have to be made to answer for debt, taxes, and other accounts of the deceased. Making payments includes devising settlements or compromises to creditors. During any court proceeding, there’s a potential for fees and commissions, which are assessed in this hearing. When someone dies, their yearly tax returns are also submitted during probate.

What starts a probate court hearing in California?

Death is the prerequisite for probate hearings in California. What follows then marshals and appraises your assets. Those assets are used to pay debt and other liabilities first. What’s left over after these steps then gets distributed to the estate’s beneficiaries. Those beneficiaries have to be found and given the right to show at their probate hearing.