Let Our Central Coast Attorneys Guide You Through the Administration of a Decedent's Estate
A "decedent's estate" is a formal way of referring to property left when a person dies. The estate can include personal property, such as cash in a bank account, a vehicle, or jewelry. It can also include real property, like a person's home. Often, the estate has both personal and real property. If the person has written a Will at the time of death, s/he is said to have died testate. If there was no Will, the person is said to have died intestate. The probate court watches over cases whether the person was testate or intestate.
In California, a decedent's estate can be distributed in one of three ways:
- A small estate under $208,850 for deaths occurring on or after April 1, 2025. For real property (specifically the decedent's primary residence), the small estate limit increases to $750,000 for deaths on or after April 1, 2025
- In probate court as an independent probate proceeding (when the decedent left a will naming an executor); or
- In probate court as a court-supervised estate (when the decedent did not have a will or name an executor).
Managing a decedent's estate can be a complex process and difficult for anyone to master alone. The Santa Maria lawyers at The Law Office of Christopher S. Biely have the attention to detail and expertise to help an executor or administrator navigate their way through the intricate probate process.
If There is a Will
If the decedent left a will, it will typically name a person to be the personal representative or an "executor" of the estate. Under the California independent Administration of Estate Act, the executor is responsible for conducting an inventory of the decedent's assets, paying the debts of the estate, and distributing assets to the beneficiaries. This is known as an "independent probate proceeding" because the executor has the ability to make decisions about the estate without court supervision.
If There is No Will
If no will exists, the property is divided among the decedent's heirs. In California, if the person has a spouse and/or children, the property first goes to them. If there is no spouse or children, the property goes to the decedent’s next nearest relatives. In these cases, the court will appoint an administrator to manage and distribute the assets. Like the executor, the administrator is responsible for completing all the same requirements to distribute the assets of the estate, with an important distinction: the administrator has limited authority in carrying out the administration of the decedent's estate. The administrator must obtain court approval before undertaking certain actions. This type of proceeding is referred to as a "court-supervised estate."
Let Us Handle The Details
If you are an executor or administrator of an estate, our attorneys can provide sound counsel and representation through all aspects of the probate process and help you:
- Notify heirs and creditors
- Find assets and submit an inventory list to court
- Pay debts and taxes of the estate
- Submit accountings to the court
- Distribute the estate
- Determine homestead status
- Prepare and file all required probate court forms
- Represent the estate in probate court
The attorneys at The Law Office of Christopher S. Biely understand that the handling of a decedent's estate can be an overwhelming task that requires acute attention to detail and a thorough knowledge of California probate laws. You do not have to handle it alone. The guidance of our knowledgeable and experienced probate attorneys can help you through the daunting probate process. For a confidential consultation with an attorney in the Santa Maria or Central Coast area, call our home office at (805) 928-3641.
