What to Expect During the Probate Process in San Francisco: A Step-by-Step Guide
If you have recently lost a loved one, you have a lot on your mind, and if you are the one settling the estate, then a major part of your job may be the probate process. In San Francisco, probate is the legal process of distributing a deceased person’s property according to their will or, if they do not have a will, under state law. This process can be complicated and take a lot of time, and finding the way through the process has, to a large extent, been done with the help of a probate attorney San Francisco.
In this guide, we explain the San Francisco probate process step by step, along with what to expect along the way.
Probating the Will and Receiving the Estate
The initial part of the probate process is filing the deceased person’s will (if one exists) and a petition for probate. (Published in the San Francisco Superior Court.) The petitioner is typically the estate’s named executor and will need to petition the court for permission to handle the estate.
What to Set Your Expectation
The court will ask for information about the deceased person’s assets, debts, and beneficiaries as part of the petition. If there's a will, then the court will prove that the will is true. If you die without a will, the court will appoint an administrator to manage the estate according to California’s laws of intestate succession.
Appointment of an Executor or Administrator for Estate
Once the petition is accepted by the court, the judge will then appoint either an executor (in the event of a will) or an administrator (if the will is deemed invalid) to facilitate the process. The person you designate distributes the estate and pays debts.
What to Expect?
If you are the named executor or administrator, you will sign an oath stating that you will act honestly and competently in carrying out your duties. You may need to work with a probate attorney in San Francisco to understand your legal rights and duties.
Once a court appoints an executor or administrator, the heirs named in the probate will be given notice, and any creditors of the decedent’s estate must be given notice. You will also want to notify creditors you are probating the estate (In California this is legally required before you can complete the probate process).
What to Know?
The notification window typically ranges from four months, and during that window, creditors can stake a claim to the estate. If the claims become disputed or excessive, you may need the help of a San Francisco probate attorney to address these issues.
Inventory and appraisal of the assets
The next step in the probate process is to inventory the decedent’s assets and have them appraised. All from real estate to personal property. The duty to identify, seek, and value the estate’s assets falls to the executor or administrator.
What to Expect?
This can take some time, depending on the size and complexity of the estate. Some properties will require formal appraisals, as with real property, while other properties can be valued informally. You are proficient at all the most updated and minute news — If someone you loved has died and you need to resolve an estate, a probate attorney in San Francisco can assist you in this procedure — especially if it entails disagreements or complex resources.
Paying Debts and Taxes
Once the estate’s assets are valued, the next step is to pay any debts and taxes the estate owes. These debts may include funeral expenses, medical bills, credit card debt, and any outstanding loans. The estate could also owe state and federal taxes, including estate and income taxes.
What You Need to Know
Creditors should be settled before any beneficiary is entitled to any assets. If an estate has more debts than assets it owns, the estate may enter a process known as “estate insolvency,” which includes additional legal proceedings to resolve the debts the estate has left behind.
Distributing the Assets
The balance of the assets, after all debts and taxes have been settled, can then be distributed among the beneficiaries according to what has been outlined in a will or under California’s intestate laws. It is the executor or administrator’s responsibility to ensure that the distribution is fair.
What to Be Aware Of
Disputes among beneficiaries can delay asset distribution. A San Francisco probate attorney will resolve disputes and make sure that the estate is distributed according to the law.
Closing the Estate
The last step in the probate process is closing the estate. After distributing all the assets and settling all debts, the executor or administrator will file a final report with the court. The court will then review the report and if there is nothing wrong with anything in the report, the probate case will be formally closed.
What’s Next
It can take some time for the court to approve the divorce settlement, and sometimes there is a final accounting to report how the assets have been managed. When the estate is closed, the executor or administrator’s duties are officially done.
While the probate process in San Francisco can be complex and requires the help of a qualified professional, it’s not the stressful ordeal many imagine it to be. Knowing about what each step would involve and having a San Francisco probate attorney you can consult, as well as helping you understand what actions are required to administer the estate properly, reminds you that California law is prevalent even to the deceased. If probate is affecting you, consider reaching out to an experienced San Francisco probate attorney to assist you during this challenging time.
