East Bay Probate attorney with Trust and Estate Firm in Walnut Creek discusses the probate process in California. First, Matthew Talbot describes the purpose of probating an estate: to access assets and organize them for distribution. After one has determined what assets are subject to probate, a petition must be submitted to the court to appoint an administrator or executor of the estate. The executor may be named by the will. Once the petition is submitted, Contra Costa or Alameda County probate court will set a hearing for the matter 4-8 weeks out from the date the petition was filed with the court. Once the court appoints an executor or administrator for the estate, there is a statutory 4 month waiting period. At the beginning of this period, all creditors must be noticed and dealt with. Creditors are either payed, lawsuits opened, denied, and so on. During the 4 month period, other issues relating to the estate can be dealt with, such as the sale of real property like a home. State claims can also be settled. If there is litigation related to the estate, it would also be dealt with at this point. Simple estates with few debts may take only the 4 month period to resolve creditor claims, but larger estates with more assets and multiple beneficiaries often take longer than 4 months. After this period has passed, a petition is brought before the court by the administrator or the executor to close the estate. At this time the administrator/executor will also present an accounting and record of asset management, as well as a proposal for distribution of the assets in the estate. This proposal will either reflect what the will says, what a settlement agreement dictates, or it will follow intestate succession. The probate court must authorize the distribution plan prior to distribution of any assets. Most probates last 8-12 months when executed properly.
