P-315 Request to Start Informal Probate and Appoint a Personal Representative When There Is a Will ( 2025

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by filling out your interest in the estate in Section 1. Clearly state your relationship to the decedent.
  3. In Section 2, provide the decedent's date of birth and date of death, ensuring that you confirm they lived in the specified city and state at the time of death.
  4. Complete Section 3 by confirming the correct filing location based on where the decedent resided or owned property.
  5. In Section 4, indicate whether you are filing within three years of the decedent's death and understand any legal implications if more than three years have passed.
  6. Fill out Section 5 regarding the will, including its date and whether it is attached or in court possession.
  7. Continue through Sections 6 to 12, providing necessary details about personal representatives, bond requirements, survivors, and notice demands as applicable.

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Informal probate is similar to probate, but it differs in that it can be done without the supervision of the court. If you and your family are considering using informal probate, there are some things that you should consider. Informal probate works best in situations where the assets amount to $50,000 or more.
The Cons of Probate in California Time-Consuming Process. Delays in Asset Distribution: Probate can be time-consuming, causing delays in asset distribution, which may not be ideal for heirs in need of quick access to funds. High Costs and Fees. Lack of Privacy. Potential for Family Conflict.
For uncontested and informal probate cases, you can expect the estate to be settled in six to eight months, assuming the personal representative completes their duties in a timely fashion. However, more complicated estates and those going through formal or supervised probate can take much longer to settle.
The law requires personal representatives to follow the terms of the deceased persons will (assuming that the individual who died had a will). If the deceased person died intestate (without a will), the personal representative will serve as the executor of the intestate estate.
The Petition for Probate of Will and Letters Testamentary is requesting for the court to validate the Will and formally appoint the Executor. Once this is done, the court authorizes the Executor to oversee the process of distributing assets and property to beneficiaries per the instructions provided in the Will.

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process by which a person is appointed by the court or probate registrar and granted authority to administer an estate for a decedent. persons include heirs, creditors, and any others having a property right in or claim against the estate of a decedent that may be affected by the proceeding.
Create a Living Trust A living trust is one of the most powerful and commonly used tools for avoiding probate in California. In a living trust, you transfer ownership of your assets to the trust during your lifetime.

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