Rancho Cucamonga, Fontana, Ontario, Upland,
Claremont, Rialto, Eastvale, Corona
Even in the midst of grieving for a deceased loved one, the probate process needs to be addressed. Before doing so, it is important to be informed about which assets require probate, and whether there are available alternatives.
Depending on the type of assets and how the title is held, probate may not be needed. If property is held in joint tenancy, the surviving joint tenant can transfer title by affidavit.
If the probatable estate is worth less than $150,000 the Court allows for simplified procedures to allow for the distribution to the heirs or beneficiaries.
Serving Rancho Cucamonga
and the Inland Empire since 2011.
Non-Probate Transfers of Assets and Probate
If a trust has been set up, but the settlor failed to transfer the title of the real estate into the trust, a Heggstad Petition can be filed to ask the Court to issue an order declaring the real property as trust property. This procedure avoids the need for a full probate of the asset and allows the successor trustee to manage the real property through the trust.
If there is an emergency requiring the Court to give authorization for someone to have limited authority to act, a Petition for Special Administration can be filed. Usually, the hearing can be held within five Court days. Such situations include asking the Court for authority to open a safety deposit box to find a will, or to continue business operations until full authority is given in a later proceeding.
If the probate estate is valued at more than $150,000 someone must file to open a probate of the estate. Depending on if there is a will and who is petitioning, one of the following can be filed:
Petition for Probate of Will and for Letters Testamentary
Petition for Probate of Will and for Letters of Administration with Will Annexed
Petition for Letters of Administration
Some of the personal representative’s responsibilities include: marshalling the assets, properly notifying creditors, accounting to the Court for all receipts and distributions, and proposing to the Court the distribution of the assets.