| The legal process begins with a "petition" (request) | | | | Intestate Succession |
| to open the estate and formally name a personal | | | | The following is an attempt to simplify the |
| representative who is responsible for the | | | | manner in which separate property is distributed |
| administration of the deceased's property. An | | | | when one dies without a will. |
| Official Notice of Creditors is printed in a local | | | | If there is a surviving spouse, but no surviving |
| newspaper and a Notice of Administration is sent | | | | children, parents, brothers or sisters: |
| to other involved parties. Creditors then have a | | | | All to surviving spouse |
| set amount of time to file their claims based on | | | | If there is a surviving spouse, and one surviving |
| the date of first publication. The personal | | | | child: |
| representative then pays the debt and distributes | | | | 1/2 to surviving spouse |
| the remaining estate. Finally, a petition for | | | | 1/2 to child |
| discharge is filed, and the estate is closed. | | | | If there is a surviving spouse and more than one |
| This is a very simplistic overview of a complex | | | | surviving child: |
| legal process and you should engage the services | | | | 1/3 to surviving spouse |
| of a skilled attorney. Upon your attorney's | | | | 2/3 to children |
| recommendation, you may also be encouraged to | | | | If there is not a surviving spouse and no children, |
| consult with a CPA or tax consultant. | | | | but there are parent(s): |
| Probate - First month | | | | All to parents |
| File original wills and codicils (executor must petition | | | | If there is not a surviving spouse, no children, and |
| for probate within 30 days or may lose right to | | | | no parents: |
| be executor) | | | | All to siblings |
| Publish Notice of Petition to Administer Estate (3 | | | | If there is not a surviving, spouse the preferential |
| times before hearing date, 1st publishing must be | | | | order of distribution: |
| at least 15 days prior to hearing) | | | | Children |
| Mail Notice of Petition to Administer Estate (at | | | | Parents |
| least 15 days prior to hearing) | | | | Parent's children |
| File proof of publication and proof of mailing | | | | Grandparents |
| "Notice of Petition to Administer Estate" | | | | Children of grandparents |
| File proof of will, if required and check calendar | | | | Children of predeceased spouse |
| notes at least two days before hearing | | | | Next of kin |
| File Order for Probate and if required probate | | | | Parents of predeceased spouse |
| bond | | | | Children of parents of predeceased spouse |
| Letters issued - may be at the same time, or | | | | State of California |
| after filing order for probate | | | | Overbids |
| Next 4 - 5 months | | | | The Court must confirm the sale. At the time of |
| Apply for Employer Identification Number | | | | the confirmation hearing, another buyer may |
| Notify Director of Health Services | | | | overbid the original buyer. Typically overbids are |
| Open Estate Bank account | | | | offered at the hearing verbally. At the |
| Arrange for preparation of income tax returns | | | | consummation of the confirmation hearing, the |
| Prepare inventory & appraisements and send | | | | successful over-bidder will be required to execute |
| to Referee | | | | the bid in writing and usually at this time, the |
| Mail Notice of Administration to creditors, pay | | | | buyer must present a 10% deposit. |
| debts without requiring formal claims | | | | There is a statutory formula for the first overbid. |
| File approval or Rejection of formal Creditor's | | | | It is an additional amount equal to 10% or more, |
| Claims | | | | on the first $10,000 and 5% on the amount of |
| File Inventory and Appraisement with court | | | | the original bid in excess of $10,000. |
| List property for sale with Realtor and start to | | | | For example: |
| market and sell property | | | | Original bid = $100,000 |
| File petition for Confirmation of Property Sale (if | | | | First overbid must be 10% of 10,000 = + 1,000 |
| no IAEA Administrator) | | | | 5% of $90,000 = + 4,500 |
| Attend court hearing for overbids (if no IAEA | | | | Overbid must be = $105,500 |
| Administrator) | | | | If the court receives an acceptable overbid, the |
| File change in Ownership Statement with county | | | | court will ask for any additional overbids. The |
| assessor for all real property | | | | judge will usually establish minimum increments as |
| File federal estate tax return if gross estate is | | | | to additional overbids. All overbids will be taken |
| valued at $675,000 or more | | | | into account based on the gross amount (without |
| Final Month - Closing Estate | | | | taking into account any brokerage fees). |
| File Petition for Final Distribution | | | | The above is only meant as a simplification of a |
| Mail Notice of Hearing to heirs and beneficiaries | | | | very complex procedure, and only an attorney |
| File proof of mailing Notice of Hearing | | | | can give proper advice. Information that is more |
| File Order for Final Distribution | | | | detailed can be found in Sections 6400-6413 of |
| Transfer assets and obtain receipt | | | | the California Probate Code. |
| File Receipts and Affidavit for Final Discharge | | | | |