Long Beach California Petition for Probate

State:
California
City:
Long Beach
Control #:
CA-DE-111
Format:
PDF
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Description

This model form, a Petition for Probate, is intended for use to initiate a request to the court to take the stated action. The form can be easily completed by filling in the blanks and/or adapted to fit your specific facts and circumstances. USLF control number CA-DE-111

The Long Beach California Petition for Probate is a legal document used to initiate the probate process for an estate in Long Beach, California. Probate is the legal process by which a deceased person's assets are distributed to their beneficiaries or heirs, and any outstanding debts are resolved. The Long Beach California Petition for Probate contains essential information about the deceased person, known as the decedent, as well as details about their assets, debts, and potential beneficiaries. This document is typically filed with the Superior Court of California in the county where the decedent resided at the time of their death. There are different types of Long Beach California Petitions for Probate, depending on the circumstances and complexity of the estate. One type is the Petition for Probate under the California Independent Administration of Estates Act (IDEA). This type of petition allows the appointed executor to administer the estate with minimal court supervision, speeding up the probate process. Another type is the Petition for Probate to Administer Estate with a Will Annexed. This type of petition is used when the decedent left behind a valid will, and the named executor seeks court approval to carry out their duties according to the will's provisions. Additionally, the Petition for Probate to Administer Estate without a Will may be filed if the decedent died without a valid will or intestate. In this case, the court must appoint an administrator to distribute the estate in accordance with California's laws of intestacy. The Long Beach California Petition for Probate aims to establish the authority of the executor or administrator, providing them with the legal power to manage and distribute the estate's assets. It also serves to notify potential creditors of the decedent's death, allowing them to file claims against the estate if necessary. Filing a Long Beach California Petition for Probate is an important step in the probate process, ensuring that the deceased person's final wishes are carried out correctly and the estate is distributed fairly. It is crucial to consult an attorney or seek legal advice to navigate this complex process effectively.

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Statutory probate fees under §10810 are as follows: 4% of the first $100,000 of the estate. 3% of the next $100,000. 2% of the next $800,000.

While you are not required to have legal representation, the probate process in California can be complicated. The process depends on what type of assets the person who died had, if there were listed beneficiaries, if there any contests, etc.

Sort out the estate yourself If you decide to take on the job of administering the estate, you can still pay a solicitor for their time, if there are some things such as checking over the probate application, or working out how to distribute the estate.

Self-Preparation & Filing You can download the California Petition for Probate form (download here), complete the form yourself, and deliver to the decedent's county probate court. Note, you must deliver to the county court in the decedent's county of residence.

Statutory probate fees are; 4% of the first $100,000 of the estate, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9,000,000, and one-half % of the next $15,000,000. For an estate larger than $25,000,000, the court will determine the fee for the amount that is greater than $25,000,000.

In some cases, the probate process in California can take as little as nine months, but that is rare. It typically takes anywhere from half a year to eighteen months, and complicated cases may take as long as two years or more.

You can e-file your Petition for Probate at the Los Angeles Superior Court. This means you don't have to deliver petition for probate documents to a Los Angeles Probate Court House by hand, or via a document delivery service. In most cases, you or your probate attorney will be able to e-file your petition.

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More info

A child cannot petition the court to have their name changed. You can avoid probate with a living trust.Detailed steps for completing probate on a Will in California, on your own or with an attorney. Exactly what happens in a California Probate Court? 1. Obtain and complete the California small estate affidavit. Long Beach Law, Audrey Stephanie Loftin, Rebecca "Reba" Birmingham, Civil Law, Criminal Law, Family Law, Estate Planning, Probate. The California probate process may be different from that in other states, so you should understand the process in the state where you live. Long Beach, CA 90802. This guide is designed to help you fill out the forms yourself. Though these steps may sound quite simple, they can be complicated with a large estate or if there are disputes.

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Long Beach California Petition for Probate