Probate is the legal process involved in administering the estates of deceased persons. The process is supervised by the probate court, which protects the interests of persons involved in probate court matters. The probate court appoints a personal representative to administer the estate and report to the court. The personal representative may have to be bonded in order to ensure that the assets of the estate are protected. The probate court that will supervise administration of an estate is the one in the county where the decedent lived at the time of death. Probate courts also handle other types of cases, including adoption of children, appointment of guardians and appointing conservators for adults who cannot take care of their own needs.
There are certain forms that need to be completed, depending on the type of property in the decedent’s estate, its value and to whom it is left. The process of administration of an estate will also depend on whether the decedent left a will or not. Simplified procedures exist for small estates.
Different forms and processes apply, depending on which of the following situations exist:
- The decedent left no real property and the personal property had a value of less than $150,000
- The decedent left both real property and personal property with a combined value of not more than $150,000
- The decedent’s real property had a value of less than $50,000
- The decedent left real property and personal property with a total value of more than $150,000
- The decedent left his or her entire estate to his or her spouse or domestic partner
Call us today for an experienced estate planning lawyer in California
If you are wondering if and how to file for probate, you need to consult with San Jose probate lawyers. The legal team at Temmerman, Cilley & Kohlmann, LLP provides skilled and experienced counsel to allow clients to protect their interests. Call the firm today at our San Jose office at 408-780-1912 or our Danville office at 408-780-1912 or contact Temmerman, Cilley & Kohlmann, LLP online today.
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