| Alan R. Horvath, Attorney at Law |
| Probate - Procedure |
A Probate is initiated with a petition to the court stating that a person has died, providing a copy of their will if any, and
asking to be appointed as either executor or administrator. The petitioner will pay a $320 fee to the court to file the petition.
It is also required that notice be published in the newspaper concerning the petition. Finally, a petitioner will be required to
either post a bond, or work through a blocked account requiring court supervision for withdrawals. A petition can be
submitted by any interested person. The court will give priority to an individual nominated in the will, and if none then priority
is given by a family hierarchy, starting with a surviving spouse, and then going to any surviving children.
Once a personal representative is appointed by the court, that individual must then gather all the assets of the decedent,
and produce an inventory report for the court. This inventory is appraised by a court appointed probate referee who will
charge a fee equal to one tenth of a percent of the appraised value. This appraisal establishes the starting point for all
funds that the personal representative must account for to the court.
The law provides a minimum of 120 days for creditors to bring claims against the estate, after which time it is possible for the
personal representative to petition for distribution and final close of the proceedings.
asking to be appointed as either executor or administrator. The petitioner will pay a $320 fee to the court to file the petition.
It is also required that notice be published in the newspaper concerning the petition. Finally, a petitioner will be required to
either post a bond, or work through a blocked account requiring court supervision for withdrawals. A petition can be
submitted by any interested person. The court will give priority to an individual nominated in the will, and if none then priority
is given by a family hierarchy, starting with a surviving spouse, and then going to any surviving children.
Once a personal representative is appointed by the court, that individual must then gather all the assets of the decedent,
and produce an inventory report for the court. This inventory is appraised by a court appointed probate referee who will
charge a fee equal to one tenth of a percent of the appraised value. This appraisal establishes the starting point for all
funds that the personal representative must account for to the court.
The law provides a minimum of 120 days for creditors to bring claims against the estate, after which time it is possible for the
personal representative to petition for distribution and final close of the proceedings.
P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
| Phone: 209 754-5291 Fax: 209 754-5293 |
| ahorvathlaw@sbcglobal.net |
| Serving Calaveras, Amador, Tuolumne, and San Joaquin counties, California |
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