November 23, 2013 by generationsprobate
Probate is the process of dividing the assets of a deceased person amongst his heirs via a will and directed by an executor. Probate processes differ from state to state, depending on whether or not the state adopts the Uniform Probate Code (UPC) or not. The state of California for one, has its own rules regarding probate.
To begin the probate process (when it is necessary), the executor has to take the stand and act as administrator of the will. Generally, the estate owner should have the right to determine the executor in his will. In the absence of this, though, the court may appoint one, or upon agreement of all the legal heirs, a reliable probate attorney. He will then file a petition for probate and notify all interested parties of the will.
After securing the blessing of the court, the executor then has to gather and account for all of the assets of the deceased. Other tasks under this include securing a taxpayer ID number for the estate, setting up filing systems, and even setting up an estate bank account.
In California, according to the Independent Administration of Estates Acts, the executor can handle most things without the direct consent of the probate court. This includes selling real estate property, paying taxes, and approval or rejection of creditor claims. Moreover, the executor also serves as the guardian of these assets, and being responsible for their maintenance.