Today’s article will demonstrate a clear and practical list of Dos and Don’ts under California probate law, whether you’re an executor, administrator, or heir:
✅ DOs
1. Do File the Will Promptly
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If you’re in possession of a decedent’s will, you must file it with the probate court within 30 days of learning about the death, even if probate isn’t opened.
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Probate Code §8200 requires this.
2. Do Petition for Probate
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The named executor (or next of kin if no will) should file a Petition for Probate (Form DE-111) with the Superior Court in the county where the decedent lived.
3. Do Notify Heirs and Beneficiaries
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You must send Notice of Petition to Administer Estate (Form DE-121) to all interested parties and publish notice in a local newspaper.
4. Do Inventory and Appraise the Estate
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The personal representative must file an Inventory and Appraisal (Form DE-160) with the help of a probate referee, typically within 4 months.
5. Do Keep Detailed Financial Records
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Track every dollar that enters or leaves the estate. You’ll need to file an Accounting (Form DE-174) unless waived by beneficiaries.
6. Do Pay Debts and Taxes
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Settle all legitimate debts, including state and federal taxes. Get tax clearance if needed, especially for high-value estates.
7. Do Get Court Approval for Big Decisions
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Major actions like selling real estate or distributing assets often require prior court approval unless full IAEA (Independent Administration of Estates Act) authority is granted.
❌ DON’Ts
1. Don’t Distribute Assets Prematurely
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You must wait until the court authorizes distribution of the estate. Early distribution without approval can make you personally liable.
2. Don’t Ignore Deadlines
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Probate has specific timeframes—missed deadlines can result in sanctions, court removal, or even personal liability.
3. Don’t Mix Estate Funds with Personal Funds
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Open a separate estate bank account. Commingling funds is a serious breach of fiduciary duty.
4. Don’t Fail to Communicate
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Keep heirs, creditors, and the court informed. Transparency is essential.
5. Don’t Try to Skip Probate Illegally
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Not all assets go through probate, but trying to transfer probate assets without authority is fraud and can lead to criminal penalties.
6. Don’t Disregard Spousal or Heir Rights
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California law gives community property rights to surviving spouses and legal protections to omitted heirs (Probate Code §21610, for example).
7. Don’t Overlook Small Estate Alternatives
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If the total estate is under $184,500 (as of 2024), a simplified procedure like an Affidavit for Collection of Personal Property may be available—no full probate needed.
Additional Dos and Don’ts:
⚖️ Consider Hiring a Probate Attorney
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California probate can be complex and time-consuming. Legal help can prevent costly mistakes and delays.
