As our parents age or as special needs children reach the age of majority filing for conservatorship is often necessary to continue to provide for their needs and wellbeing. The California Courts, specifically the probate division are tasked with handling conservatorship proceedings. While there are 58 Counties in California and each County may have a handful of Probate Divisions, the process, timeline and costs are typically uniform since the County Superior Courts are under the same California Judicial System. Simply put, a conservatorship case filed in Los Angeles County would likely run the same course as it would if filed […]
When an individual in California passes away, many families, loved ones, or other beneficiaries are often left with the burden of dealing with the California probate process. The legal procedure in which a beneficiary has the burden of demonstrating the validity of a decedent’s Will in court is called probate. Probate court in California handles the legal proceedings for decedents (people who have passed away) as well as other people who are unable to act on their own behalf such as guardianships and conservatorships.
After petitioning the court, and once the court has determined that a particular Will is authentic, the […]
A California Petition For Probate is filed in the Superior Court in the county where the decedent lived at the time of death. For example, if the decedent lived in Riverside County, but the real estate they owned was located in San Bernardino County, the probate case would be filed in the Riverside County. A common mistake is trying to file in the county where the property is located, rather than where the decedent lived, if it’s not the same. If they were not a California resident, but left property in California, the probate would be filed in the county […]
The filing fees in California’s courts are not the same in all counties. Here is a list of San Bernardino fees in a simple probate case:
Petition filing fee: $435.00 is the filing fee for a Petition for Probate, Spousal or Domestic Property Petitions, and Petitions to Determine Succession to Real Property. Payment is made payable to the Clerk of the Court. Except for the Spousal or Domestic Property Petition and the Petition to Determine Succession to Real Property, the filing fee for the Petition for Probate will be paid twice. It is required when the case begins with the Petition […]
The legal process for a California probate starts when a Petition for Probate is filed at the court. When the Petition for Probate is filed at the Superior Court having jurisdiction, a case number is assigned and a date for a hearing is set. At the hearing, an executor or administrator is named and given authority to manage the estate until after the estate assets are distributed. Notices are given, the business of identifying and managing the property, and the payment of expenses and taxes are made until the time that an order is made to distribute the assets to […]