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After a person dies in California, it may be necessary for the will to go through probate. If that is the case, the custodian of the will has 30 days from a person’s passing to present an original copy to the probate court clerk’s office. The executor of the estate should also receive a copy.

A petition to start the probate process must be made in the county where the deceased person died. Alternatively, it may be filed in the county where a person owned property in California. If there is no will available, an administrator will be appointed to oversee an estate during the probate process. In most cases, it may be appropriate to ask an attorney for help starting a probate case. The petitioner is not allowed to mail the notice out to potentially interested parties; this must be done by any other adult.

It is also necessary to publish a notice of the hearing in a newspaper that is read by a sufficient number of people. A probate examiner will make sure that these rules were adhered to. If this has been done properly, a representative of the estate will do an inventory, and a final income tax return will be created. From there, property will be divided, and a final report will be issued to the court.

If an estate needs to go through probate, it may be a good idea for an executor or other relevant parties to consult with an attorney. Failure to go through the process properly might result in financial or other penalties. An Orange County Probate Attorney may be able to help an individual determine how to start a probate case, how to account for a deceased person’s assets or how to handle tax issues.