![]() ![]() As you may imagine, the surviving spouse or legal domestic partner is at the top of the list, with children as the second category, grandchildren as the third, and so on. You can find the full list in Probate Code §8461. If someone dies without a will, the law gives a priority list for who should be the administrator. If the case has to go through a formal probate court case, then the court appoints an administrator to be the estate representative. ![]() If the estate is small or the estate can pass to other people through simplified procedures informally, then a close relative, often the person who will inherit most of what is left behind can be the informal estate representative.If there is no will, it depends whether the case needs to go to probate court or not. If there is a will, the representative is the executor named in the will. The first thing is to figure out who will be the representative of the estate. First Steps in Dealing with an Estate When Someone Dies The entire case can take between 9 months to 1 ½ years, maybe even longer. In a probate case, an executor (if there is a will) or an administrator (if there is no will) is appointed by the court as personal representative to collect the assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries (those who have the legal right to inherit), all under the supervision of the court. Transferring the decedent’s property to the heirs or beneficiaries.Taking care of the decedent’s financial responsibilities and.Figuring out how much the decedent’s property is worth.Figuring out who are the decedent’s heirs or beneficiaries.Deciding if a will exists and is valid.Probate means that there is a court case that deals with: How the estate is dealt with will partly depend on whether the decedent died with a will or without one. Read Simplified Procedures to Transfer an Estate to find out different ways to transfer property that do not involve going to court.Īny portions of the estate that can’t be transferred more informally will likely have to be dealt with in probate court. There are also some simplified procedures for estates that are under $166,250. Property in living trusts can be transferred without going to court.Real estate sometimes can be transferred without court with a transfer-on-death deed (also called a beneficiary deed).If a house is owned by two or more people as joint tenants, the other owners have the right of survivorship, which means that they inherit the entire property in their name.If a particular asset (like a retirement plan, life insurance policy, or a bank account) already has a named beneficiary, that asset goes to the beneficiary (or beneficiaries, if there are more than one) without going to court.There are some ways that do not involve going to probate court. What are the different ways an estate can be transferred after someone dies? To find a lawyer, click for help finding your bar association's lawyer referral service or call 1-86. You can usually pay the lawyer’s fees from the property in the case ![]() This section will give you some general information to help you understand what your choices may be, but we still encourage you to talk to a lawyer to get specific answers about your situation. Click for a short list of words related to wills and estates and what they mean. There are a lot of new terms in these types of cases that you should know. It is not always easy to tell whether you need to go to court or qualify to use a different procedure. Sometimes, however, family or relatives may be able to transfer property from someone who has died without going to court. And dealing with the courts and the property of someone who has died is very complicated. To transfer or inherit property after someone dies, you must usually go to court. Their “estate” is the property they owned when they died. The property that a person leaves behind when they die is called the “decedent’s estate.” The “decedent” is the person who died. In addition, those left behind must often figure out how to transfer or inherit property from the person who has died. Losing a loved one is a sad and difficult time for family, relatives, and friends. ![]()
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