When it comes to the probate of an estate, time is money. The overall cost and expense of the probate and the maintenance of the estate increase the longer the administration continues. For this reason, it is important to avoid any unnecessary delays. Paying attention to the petition for probate will help reduce the risk of delay caused by a rejected petition. However, if you are not experienced handling probate administrations in California, there may be potential traps that you would not otherwise be aware of.
In order to prevent a rejection of your Petition for Probate that could delay the administration process by several weeks, it is important to complete the form fully and accurately. The following are five helpful tips that are not widely discussed and can sometimes be overlooked, causing a Petition to be rejected:
Five Lesser-Known Tips to Prevent a Petition for Probate Rejection
- It is important to carefully review the title in which your loved one held any of his or her property. Any variations in the names used should be listed on the Petition for Probate. For example, if your loved one owned a house as “Betty A. Smith,” but her death certificate reads “Elizabeth A. Smith,” the Petition for Probate should list this alias or “also known as” version of her name.
- If there are emergency circumstances requiring the appointment of a special administrator, rather than waiting a few weeks for an appointment as a personal representative, file a separate Petition for Probate and check the box requesting “Letters of Special Administration.” An example would be if there are funeral expenses or illness expenses that need to be paid quickly.
- Remember to leave a copy of the Petition for Probate with the court clerk to be picked up by the newspaper that will be publishing the Notice of Petition to Administer Estate.
- Keep in mind that if there are multiple petitioners submitting the Petition for Probate, each petitioner must pay a separate filing fee to the court.
- If you are submitting a handwritten will, a typed version must also be attached to the Petition. If you are submitting a will that was written in a foreign language, an English language translation must be attached.
We hope that you found these tips helpful as you prepare to administer the estate of your loved one. If so, we encourage you to share it with your family and friends on Facebook! You can help others prevent unnecessary rejections during the probate administration process.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307