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Hello my name is Rev Brooks I'm an attorney I practice law in California I've been practicing in the areas of estate planning and probate for nearly two decades, and I'd like to bring you a basic overview of the California probate process so to begin let's discuss who are the players in the California probate process there are three the first is the person who died that persons called the decedent then there are the people who are inheriting property from the decedent there are the beneficiaries and the third is the personal representative this is the person administering the estate on behalf of the decedent for the beneficiaries now the first thing we have to ask ourselves is a probate actually necessary you see in California not everything that decedent owns at death needs to go through the probate process to be transferred to beneficiaries in fact there are major categories of assets that can avoid probate entirely and still be distributed to the beneficiaries one of these is jointly held property for instance if you hold a joint bank account the decedent has a joint piece of property upon death the surviving joint tenant inherits that asset without any probate another category of these assets is pay on death property for instance life insurance a beneficiary of a life insurance policy will get those funds no probates necessary maybe you have a stock account and your name to bend the decedent name to beneficiary no probate is necessary another category are assets in a living trust that is a trust that has Season put together while he or she was alive and put property into the trust assets in a living trust they avoid probate as well assets passing to a surviving spouse avoid the full-blown probate procedure there might it might be necessary to do a summary procedure in the California courts, but a full probate isn't necessary if the decedent had an estate worth less than 150 thousand dollars no probate is typically necessary or the decedent owned real property $50,000 or less no probate is necessary so when is a probate actually necessary well it's typically in cases where a decedent is a single person either divorced widowed widower never married owns real estate and his or her name alone or assets and his or her name alone that are worth over a hundred and fifty thousand so once you determine a probate is necessary that brings us to the first step of the process which is filing a petition the first step in the probate process is filing a petition to have somebody appointed a personal representative you file the petition and a hearing will be set in court anywhere from six to eight weeks out really depending on the county where you file the petition now after you file the petition there are some procedural steps you need to take notice in publication notice is just informing the people that are mentioned in the will or the decedent's and testate heirs are typically both that you filed a petition, and you want to be a point of the personal...
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