If you have recently lost a loved one, you may be wondering what comes next. Probate can be a confusing process, but it is also an important one. Probate is the process of administering a decedent’s estate in circumstances where assets exceed $184,500 and are not held in a trust.
Do you have questions about the Alameda County probate process and timeline? Probate procedures and timelines vary by location, and there are a few things everybody should know before the process begins.
The probate process can be complex, which is why several parties may be involved in the process. If the person who died left behind a will, the executor or personal representative will play an important role. If no will was left behind, the main contact will be known as the administrator.
The process also includes a probate examiner, who reviews documents to ensure they are in compliance with state requirements. A probate judge will also be called on to make decisions in the process.
The first step in the probate process is to file a Petition for Probate, also known as Form DE-111, with the Alameda County Probate Court. This form requires the original will and death certificate to be attached. In addition to completing the paperwork, the representative should also notify heirs and beneficiaries.
California also requires public notice, which is achieved by publishing a small snippet in the local newspaper. This also leads to an initial hearing, which is held about 30 to 45 days after filing. At this point, the judge may appoint the executor or administrator.
Within the first four months, the executor or administrator must file a form called an Inventory and Appraisal. A probate referee may be assigned to appraise any non-cash assets. Any known creditors will be notified and will have four months to file claims.
This is important, as failure to notify creditors can result in personal liability. The administrator will pay debts, manage property, and collect income. If necessary, the administrator will sell assets to pay taxes or distribute the proceeds.
Each probate case is different, so it is important to keep in mind that no two cases will have the exact same timeline. For instance, the process of filing the paperwork can take up to two months, leading up to the inventory and appraisal period, which can take four to six months. The actual administration of the estate can take three to six months, and the final accounting and distribution can take up to three months.
In sum, the entire process could take about 18 months, even if the will is contested.
Delays to the timeline may occur if the will is contested or the heirs are disputed. In cases of complicated assets or tax issues, probate can also take longer than many people anticipate. In order to challenge potential complications or delays, many people opt to work with a probate law attorney who can help manage the case.
They can help handle missing or outdated documents, asset valuation disputes, delayed creditor claims, or executor misconduct.
A probate lawyer can be helpful even if the estate you are dealing with is not large. Our probate litigation attorneys assist with court filings, meeting deadlines, and resolving disputes. They also represent the estate in any hearings that arise.
While probate can be complicated, experienced guidance can ease the burden. Contact us today to discuss the Alameda County probate process and timeline.
(916) 775-8542