Best Estate Planning Attorneys in Daly City, CA

So, it's the day of the initial hearing. You and/or your attorney will need to attend the hearing in person (or virtually if allowed by the Court). There will be at least a dozen or more matters on calendar. So, plan to wait a little while until your matter is called by the Judge. You'll know your matter is called when the Judge reads, "Estate of [name of decedent]." At this point, you will walk to the table in front of the public seating area (if attending in person) and introduce yourself (e.g., Good Morning, your Honor, Jane Smith, Petitioner." The Judge will thank you for your appearance and indicate if there are any defects in your petition. If you've worked with an experienced probate attorney, there shouldn't be any defects that couldn't be resolved prior to the hearing date.

Debts of the estate may be paid in several methods during the course of administration. The personal representative may pay, but cannot be required to pay, debts of the decedent without court authorization as they arise or become known. Some expenses of administration are commonly paid as they accrue, such as newspaper publication, the bond premium, filing fees, and probate referee's fees.

A personal representative acting with full authority under the Independent Administration of Estates Act (IAEA) has the authority to sell estate real or personal property under independent administration procedures. The representative acting with limited authority has the authority to sell personal, but not real, property of the estate under independent administration procedures. Even those personal representatives with full authority under the IAEA need to provide interested parties with a Notice of Proposed Action (NOPA) if they want to sell real property, for example. The interested parties have a certain period of time to object or consent to the proposed action. Alternatively, interested parties may waive notice of proposed action in which case the personal representative may take action without needing to provide parties with the notice.

The personal representative may file a final account and petition the Court for distribution once the estate is in a condition to be closed. Well, what the Court wants to see in this petition is