Do I need probate for my spouse property in California?

If your spouse passed away in California without a Trust, you may think you’ll need to go through probate. However, in many cases, the surviving spouse does not need to probate the estate of their loved one to gain access to his or her assets. Instead, you may only need to file a Spousal Property Petition.

How long is California probate?

But exactly how long does probate take in California? While the average length of time it takes for an estate to be processed through probate is about nine months, this can vary widely depending on several factors. Some estates can be processed in a few weeks or months, while others end up taking years to finish.

Who is the estate representative in a probate case?

If the case has to go through a formal probate court case, then the court appoints an administrator to be the estate representative. If someone dies without a will, the law gives a priority list for who should be the administrator. You can find the full list in Probate Code §8461.

How much does it cost to probate an estate in California?

In a few states, most lawyers charge a percentage of the value of the estate as their fee, instead of charging a flat fee or hourly rate. California is one of those states. There, probating a $900,000 estate would result in an attorney fee of $21,000—which is likely to be much, much more than the work justifies.

What happens to a house in intestate probate?

In an intestate probate scenario, there is no will left to name the beneficiaries. If the house hasn’t been transferred through a living trust, transfer-on-death deed, or joint tenancy law, then it must be conveyed through probate court after the judge names an immediate family member to be the executor of the estate.

Who is responsible for probate if someone dies without a will?

If someone dies without a will, the law gives a priority list for who should be the administrator. You can find the full list in Probate Code §8461. 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.

How to search for probate cases in San Diego County?

Search online Probate court records for free in San Diego County Superior Courts by case number, case name, party, attorney, judge, docket entry, and more. Filter cases further by date of filing, case type, party type, party representation, and more.

How does probate work in case of death of spouse?

The probate process ensures that the decedent’s assets are collected and inventoried, any final debts are paid, and their remaining assets are distributed according to the terms of the will. The executor carries out the decedent’s wishes with oversight from the court.

When is the probate hearing for Robert Longstreth?

MOTION HEARING (PROBATE) SCHEDULED FOR 06/15/2018 AT 02:00:00 PM AT CENTRAL IN 502 ROBERT LONGSTRETH. MOTION – OTHER (NOTICE OF MOTION; MOTION FOR JUDGMENT ON THE PLEADINGS; AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT) FILED BY DIXON, HAROLD.

How long does a case stay in probate court?

In most cases, this is approximately 90 days. Typically, beneficiaries must be notified within 60 days of a probate hearing. This allows them to make arrangements for any inheritance taxes that may need to be paid.