So What is the Probate Process for a House?
Did a relative recently pass away without a will? If yes, you will most probably encounter probate. If you don’t have an understanding of probate, let this article be your guide.
Probate refers to a legal process which results in a court certifying the will of a deceased or determining if he or she died without one. As part of the probate, the court will choose someone to manage the bills and all assets of the deceased. Depending on particular cases, such person can be called administrator, executor or administrator with the will annexed. Probate is also when creditors of the deceased could come before the court and ask their claims for payment. Under the law, they have a predefined time to demand for payment.
Aside from insuring the payments of debts showed by creditors, the process of probate can also be used by the local government in order to ascertain taxes are settled and paid. The deceased’s income taxes should be paid for his personal ITR before he died. In the event the estate gets any income within the probate, a different estate ITR is needed and taxes should be paid on such income. Once the deceased’s estate is more than the maximum exemption ($5,000,000), a local estate tax return is required, and any other taxes should be paid within 9 months after death.
Probate determines the wishes of the deceased. For instance, interests of real property (most commonly a house) are very essential. The state of California has a firm interest in ascertaining it is passed according to the desire of the deceased or applicable law.
Assets Associated to Probate
Probate is not necessary for each asset which someone owns when he dies. However, it is commonly used for any of the following assets.
- Assets which are only under the deceased’s name
- Half of every asset which was registered with his spouse as community property
- Any assets which include things like art, furniture, jewelry or the likes, that aren’t registered
- Such part of any asset which belonged to the person who died as a registered tenant together with other people
If the total value of the assets of the deceased is less than one hundred and fifty thousand dollars, probate is no longer necessary under the California law. The assets which aren’t subject to probate undergo the simplified process of transfer. Commonly, a family attorney is called to help in this situation.
The process of probate is still a mystery to most Californians and you should seek legal advice. While most of them will tell their estate planning lawyer that they would like an estate plan, which avoids probate, only few comprehend what this really means. To its simplest form, probate process is simply the option for transferring titles of assets from the deceased to its intended beneficiaries.
The courts job is to determine the succession of real property to the rightful heirs.
Want to sell your house in Stockton fast (and securely)?
We have purchased many houses from heirs of an estate even before the Probate process has started. We have many years of experience in navigating the probate process. If you are interested in selling your house in advance of a probate we can help. We have and will in certain circumstances advance the cost of the Probate filing including attorneys fees to help families that just don’t have the money to initiate and complete the Probate process. In choosing us they found a partner in Stockton,that has the resources to hire an Attorney and see it through.
If you have a Stockton house that you would like to sell contact us through our website form, our social media pages, or just give us a call at (209) 481-7780. For immediate assistance, you can leave an email message on our site and we will call you within the shortest possible time.
We are here to explain the process and help walk you through the probate process for a house in Stockton, we look forward to speaking with you. 🙂
At “Westbrook REI” and “I Buy Houses Stockton“, we are the best at what we do because we work at it every day. We understand that a commitment to customer and a commitment to our business only happens with hard work. We have years of experience and a plan that we follow. We are a real company with real people that are committed to helping you achieve your goals.
We buy houses in Stockton, CA and its surrounding areas in Lodi, Woodbridge, Acampo, Lockeford, Linden, Ripon, Manteca, Modesto, Ceres, Tracy and Sacramento CA. If you need to sell your house fast in [market], call us… we’d love to make you a fair no-obligation no-hassle offer. Take it or leave it. You’ve got nothing to lose, but we’d love to earn your business. 🙂
Call us today at (209) 481-7780 to get a cash offer on your inherited house today!