The Notice of Heirs defines the Probate Process
The California probate process is designed to distribute property after someone dies while making sure that the debts of the decedent are also paid off. Sometimes, the deceased leaves behind a will that dictates who should receive what property, the priority of debts to be paid, and what assets should be used to pay them. In other incidents, the decedent may pass without leaving a will. In those cases, the probate laws in California will determine the lawful heirs of the estate. The law also requires that notice be sent to all heirs when the probate process is begun. Since the probate process is complex and the notice requirement is very important, it is vital that you seek the guidance of an experienced San Diego probate attorney before taking action.
Providing all of the heirs of the decedent with notice of the probate proceedings is a very important step in the probate process. The following are five helpful tips relating to this requirement:
- California probate laws require that executors or administrators provide notice to all of the heirs of the decedent, the beneficiaries under the will, and alternate executors or administrators when probate is started.
- The notice must state the date and time of the hearing as well as the courthouse where the case for appointment of executor or administrator or the allowance of the will shall be heard.
- If the decedent passed without leaving a will, the administrator will have to carefully review the California intestate laws to determine who the heirs are.
- If there are no living heirs of the decedent, the state may become the heir.
- Notices should be sent out in writing, preferably with documentation that supports the fact that it was sent and received.
To learn more about the California probate process and obtain guidance from a professional, contact an experienced San Diego probate lawyer today. Call the Grossman Law Firm at (888) 443-6590 for a consultation.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307