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Hi I'm Heather chub I'm an estate planning and probate attorney, and I've had several people recently asked me if they could do a probate by themselves, and so I wanted to address that question and the answer is yes maybe you could so how do you start a probe an in Sacramento County it first starts with filing a petition with the court and that petition has to be on a special form provided by the court you can get those forms online they're provided by the Judicial Council they're called Judicial Council forms, and you'll fill out that petition, and it's kind of a check the box, but there's a lot of information that goes into it so some of the information that you need to know is um the date the person died where did they die who are their beneficiaries if they had a will or errors if they don't how old are they were do they live all of that goes in along with the value of the property that the deceased person left and that's the value of both real property and personal property and all of that goes in you're going to file that with the court what needs to be served on all the beneficiaries and heirs and then there needs to be a public notice and those notice requirements are all identified in the probate code once you file your petition the courts going to set it for a hearing that hearing is going to be in about anywhere between 30 and 45 days depending on might even be 60 days depending on how clogged the courts are and at the hearing the judge is either going to approve or deny your petition but ahead of the hearing you'll have an opportunity to find out where the Court stands on it as the court puts out what's called probate notes which you can get to online and that's just starting the process once the court approves your petition for probate what that does be it really starts the whole process, so it's giving the executor or personal representative or administrator authority to do what they need to do which is to gather and take control of the assets figure out what the depths of the decedent are figure out who the beneficiaries are who's supposed to get what and have all the legal authority to do that and then finally distribute the assets, but before assets can ever be distributed the creditors need to be identified they need to be paid, and you need to get the court's approval every step of the way so well you could do a probate yourself there are a lot of technical issues that need to be addressed and if you ever need any help doing that we are available to help people with the probate process and become your attorney so thanks a lot we'll see you next time
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