Page 18 - California Home Sellers Handbook

07 Probate—Some Basics

Everyone has a will or plan, whether created or by default. Even if you have not
made out a will or a trust, you still have a plan – a plan dictated by the laws of
the state where you reside upon your death. Making a will is not a way to avoid
“probate”, the court procedure that changes the legal ownership of your property
after your death. Probate makes sure it is your last valid will, appoints the executor
named in your will and supervises the executor’s work. You can do several things
now that can help your executor and family later, hopefully much later on.

I am in possession of a will that distributes the decedent’s estate to me,
isn’t this all I need?
No. The will must be admitted to probate and the estate of the decedent must be
“probated.”

What does “probate” actually mean?
Generally, probate is a court proceeding that administers the estate of an
individual.

What is the purpose of “estate administration”?
Generally, there are five purposes, many of which have subsets to them:
1. To determine that the decedent is in fact dead,
2. To establish the validity of the will,
3. To identify the heirs and devisees of the decedent,
4. To settle any claims that creditors may have against the estate of the decedent,
and
5. To distribute the property.

Who is the Public Administrator?
Generally speaking, a public administrator is a person or entity appointed by the
State to act when there is no will or relatives.

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