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A Brief Overview of the Probate Process in California

Geoffrey Garrett

· Probate Process
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Retired pilot officer of the United States Air Force, Geoffrey H. Garrett has made a career in the legal field for over 35 years. Splitting his time between Washington and California, he handles trust administration, estate settlement, and other related estate matters as an attorney in California. Such related matters that Geoffrey “Geoff” Garrett handles include probate. In California, probate lasts an average of 18 to 24 months, but this length varies significantly depending on various factors. The process begins with petitioning for probate. Executors of an estate have 30 days after death or after the executor was notified of the passing. From there, the executor must collect and value all assets contained in an estate, and notify creditors of a person’s passing. Once notified, creditors have 60 days from the date of the notice, or four months from when the estate is opened, to submit a claim for debt. If such a claim is made, executors must pay off the debts with those creditors using the assets from the estate. On top of paying off debts, executors must pay estate and income taxes using the estate’s assets. Attorneys and accountants assist with this process and ensure the executor does not forget about paying anything to both the state and federal government. Finally, heirs and beneficiaries receive their distributions from the estate according to the will and what’s left after debts and other payments are covered. Large amounts of beneficiaries delay the entire probate process in California, as does disagreement among the beneficiaries regarding their loved one’s will. Any will contests also delay the process.