Interstate probate is when someone passes away without a will in place. When someone dies with assets that need to be disbursed to beneficiaries, a will gives the courts and family instruction surrounding their final wishes. The process changes when a will is not in place and becomes something called interstate. An attorney, like a probate or estate planning lawyer Roseville CA can count on, be helpful in educating and guiding someone through the interstate process. The state will determine how assets should be distributed to loved ones in the event a person dies without a will in place. In some situations an executor may be appointed.
Steps of Probate Process
Depending on whether or not the person who passed away had a will in place, determines how the probate process will go. When there is no will in place, the probate process is a challenging one. Regardless of this, probate is a part of both situations.
- During the two week waiting period leading up the hearing, a notice disclosing that an application has been filed with probate will be posted by the County Clerk.
- If anyone is looking to contest the Estate or Will, the posting will typically give them notice.
- If a person determines that they will contest the will, they have a period of time where they are able to file. The court will move forward in determining the validity of the will if a person looking to contest the estate does not do so within the specified time period.
- Once probate is filed with Probate Court, there is a waiting period of about two weeks before a hearing occurs. During the first hearing, the courts determine the validity of the will and whether or not an Administration of the Estate will commence.
- The will or estate will go before a Probate Judge where it will be validated following the two week wait period. Depending on the situation, an administrator or executor of the estate may be appointed to distribute the property to beneficiaries.
- Property will be distributed in two ways if there is property that needs to be divided.
- Community Property is usually property that is owned in a marriage and will ultimately go to the spouse of the person who passed away. If there are children involved, community property will be divided equally between the children and the spouse.
- Separate Property are any assets or property that were owned before the person was married. Property that was inherited during the marriage also falls into this category. If there are no children, all property is disbursed to the person’s spouse. If there are children are involved, property is divided, ⅔ to the children and ⅓ to spouses.
If you find that you must tackle the interstate probate process following the passing of a loved one, contact an attorney who is proficient in estate law.
Thanks to our friends and contributors from Yee Law Group for their insight into interstate probate.