California in probate 2025

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  1. Click ‘Get Form’ to open the California in Probate document in our editor.
  2. Begin by filling out the Petition for Appointment of a Guardian. Ensure you include all necessary details about the child and the proposed guardian.
  3. Next, complete Form GC-020, Notice of Hearing. This form requires you to specify the date, time, and location of the hearing regarding your petition.
  4. Identify all individuals who must be served personally. Use our platform's checklist feature to ensure you don’t miss anyone important.
  5. Arrange for personal service of the documents. Remember, this must be done by someone other than yourself who is over 18 years old.
  6. For those who can be served by mail, prepare envelopes with copies of the Notice of Hearing and Petition. Ensure they are addressed correctly before mailing.
  7. Finally, file all completed forms with the court at least five days before your hearing date to avoid delays.

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Key Takeaways: Probate is required in California when estate value exceeds $208,850 (on or after April 1, 2025), $184,500 (after April 1, 2022 but before April 1, 2025) or $166,250 (before April 1, 2022).
In California, probate settles a deceased persons estate and is required in California if the estate is worth more than $184,500. It typically occurs when the deceased person died without a will, but it can occur even if the deceased person did have a will if they owned real property that is subject to probate.
If the total value of the assets exceeds a certain amount as determined by the state, generally it must go to probate. If the assets are not able to go through a simple transfer, the will will have to go through a formal process in probate court.
The Basic Rule: Debts Before Distributions Before any assets can be distributed to beneficiaries, the estate must first pay off its debts, expenses, and taxes. If an estate lacks sufficient assets, beneficiaries may receive nothing until all valid creditor claims have been addressed.
Californias new probate law makes the process easier and allows for a smoother transition of the decedents estate to their successors. The law goes into effect in April 2025. Some key components of the new law are as follows: Allows for a simple transfer of primary residences of up to $750,000 from decedent to heirs.

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Time Limits for Filing 120-day deadline: A petition for probate must typically be filed within 120 days of the decedents passing. This step formally begins the probate process, allowing the court to appoint an executor or administrator to handle the estate.
All of the property legally owned by the deceased person is called the persons estate. If you need to go to court, this is commonly called going through probate. A persons estate may need to go through probate even if they had a will.

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