When someone passes away their after-life affairs will need to be taken care of, for example, paying creditors, selling assets, distributing assets to beneficiaries, etc.
The formal name for this process is called Probate, which is a court supervised process that oversees the distribution of a deceased individual's assets and the settling of their debts.
This procedure ensures that the estate is managed properly and beneficiaries receive their inheritance as dictated by law.
To commence probate, someone with the authority to represent the estate must file the petition for probate, form DE-111.
Thus - the need for appointing a personal representative. In the unfortunate case of someone dying without a will (intestate), the court will either appoint a personal representative or someone with an interest in the estate can submit a court application to apply to become the personal representative of the estate.
However, not just anyone can apply for a personal representative, California's Probate Code § 8461 outlines the order of priority for individuals who may serve as the personal representative:
Surviving spouse or registered domestic partner
Adult children
Grandchildren
Other surviving issue (great-grandchildren)
Parents
Siblings
Issue of siblings (nieces or nephews)
Grandparents
Issue of grandparents (aunts or uncles)
Adult children of a predeceased spouse or registered domestic partner
Other issue of a predeceased spouse or registered domestic partner
Other next of kin
Parents of a predeceased spouse or registered domestic partner
Issue of parents of a predeceased spouse or registered domestic partner
Conservator or guardian of the estate acting in that capacity at the time of death who has filed the first account and is not acting as a conservator or guardian for any other person
Public administrator
Creditors
Any other person
Once a personal representative has been appointed and approved by the court, the personal representative takes on the fiduciary responsibility of impartially settling the deceased's estate to the best of their ability.
The key duties and responsibilities of a personal representative of an intestate estate
Inventory and appraisal: The personal representative is responsible for creating a detailed inventory of the deceased's assets, including real estate, personal property, bank accounts, and other valuable items. This inventory must be accurately appraised to determine the fair market value of each asset.
Managing the estate: During the probate process, the personal representative must ensure the proper management and preservation of the estate's assets. This may involve overseeing financial accounts, maintaining property, and ensuring the payment of any necessary expenses.
Paying debts and taxes: The personal representative must identify and settle the deceased's outstanding debts, including any taxes owed. This may require the sale of assets to generate the funds needed to satisfy these obligations.
Filing court documents: Throughout the probate process, the personal representative must file various documents with the court, such as the inventory and appraisal, accountings, and petitions for distribution. These filings ensure the court is aware of the estate's progress and can approve the necessary actions.
Distributing assets: Once debts and taxes are settled, the personal representative must distribute the remaining assets to the appropriate beneficiaries. In the absence of a will, California's intestate succession laws dictate which heirs are entitled to receive a portion of the estate.
Closing the estate: Finally, the personal representative must petition the court to close the estate, signaling that all required tasks have been completed. Upon approval, the personal representative is formally discharged from their duties.
Get expert guidance on Intestate Estates
It can be difficult to untangle all of the legal complexities of intestate succession. Instead, turn to a professional estate executor who's familiar with probate courts and handling inheritance in the absence of a will.
Family should be able to come together and lean on each other in mourning, and the stress and potential for disputes that come with attempting to handle everything on your own should never get in the way of that.
If you’re currently dealing with an estate that doesn’t have a will and feel overwhelmed, let us help. Schedule a free consultation and find out how we can help you navigate this process together.