Fresno — Probate Proceedings Pamphlet

Source: https://www.fresno.courts.ca.gov/system/files/forms-and-filings/probate-proceedings-pamphlet.pdf

PROBATE PROCEEDINGS A Petition for Letters of Administration Determine community or separate with Will Annexed property passing to the surviving A probate proceeding is used to establish A Petition for Letters of Administration spouse that a Will is genuine and valid, and to transfer a decedent’s assets after death to All forms needed to open probate are CUSTODIAN OF THE WILL heirs or beneficiaries. A Decedent is a available at the Probate Clerk’s Office in The person who has died with or without a Will. B.F. Sisk Courthouse located at 1130 “O” In formal probate proceedings, the A Will is a document that tells how the Street, 3 rd Floor, Room 300. custodian of decedent’s Will must, within decedent wants his or her property (estate) 30 days after decedent’s death, deposit the distributed after death. A Decedent’s Estate original Will with the Probate Clerk’s Office is all real and/or personal property owned in the county in which the decedent by the decedent on the date of death. Real resided. A Custodian of the Will is the Property is property in buildings and land. person who has possession of the will at the Personal Property is temporary or time of the decedent’s death. A copy of the moveable, such as jewelry, clothing, Will should be sent to the person named in keepsakes, or automobiles. the Will as the executor. An Executor is a person nominated in the Will and appointed by the court to carry out the Intestate means to die without leaving a wishes of a decedent, as set forth in the Will. Intestate Succession determines the SMALLER ESTATES decedent’s Will. A custodian who fails to order of those who inherit property of the comply with this requirement is liable for all There are several ways to transfer property decedent who died without leaving a Will. damages caused by failing to present the at death, some of which do not require a Intestacy law is governed by the Probate Will. formal probate. Code. An Heir is a person who inherits IF THERE IS NO WILL when there is no Will. Testate means to die See Judicial Council Form DE-300 – leaving a Will. A Beneficiary is a person who Maximum Values for Small Estate Set- If there is no Will and a formal probate is inherits under the terms of a Will. Aside & Disposition of Estate without necessary, an Administrator is appointed as Administration. estate representative according to a certain order of priority. The surviving spouse of If the estate exceeds the amounts listed in SPOUSAL PROPERTY PETITION the decedent has first priority. If the person Judicial Council form DE-300, Maximum having priority does not want to serve, that A surviving spouse may use a Spousal Values for Small Estate Set-Aside & person can file a document with the court. Property Petition instead of a formal Disposition of Estate without The person declining service can nominate probate proceeding to: Administration formal probate must be someone else to be appointed. opened by filing one of the following: Confirm community property

A Petition for Letters Testamentary

PREPARING AND FILING COURT FRESNO COUNTY SUPERIOR COURT DOCUMENTS RESOURCES

All court forms and documents should be Probate Clerk’s Department Information: typed or printed using blue-black or black B.F. Sisk Courthouse PROBATE ink. Filing a petition with the Probate Clerk 1130 “O” Street 3RD Floor – Room 300in The B.F. Sisk Courthouse states the PROCEEDINGS Fresno, CA 93724 probate proceeding. (559)457-1888 SETTING A HEARING DATE FOR www.fresno.courts.ca.gov PROBATE Probate Courtroom Information: B.F. Sisk CourthouseWhen a petition for probate is filed, the 1130 “O” Street Probate Clerk will assign a hearing date. The RD 3 Floor – Department 303 Superior Court ofpetitioner must give notice of the hearing to Fresno, CA 93724 all parties interested in the estate. Law Library Information: California PROBATE CALENDAR NOTE Main Court House 1100 Van Ness After a petition is filed, a Court Probate th 6 Floor – Room 600 Examiner reviews it before the hearing to Fresno, CA 93724 see if it conforms to the procedural (559)600-2227 requirements set forth in the Probate Code. Attorney Referral and Information Service:The Probate Examiner’s notes are available 1221 Van Ness Ave for review before or after the hearing Suite 300 through the court’s website. For access to Fresno, CA 93721 the Probate Examiner’s Notes: (559)264-0137

http://www.fresno.courts.ca.gov/ Fresno County Probate Referee Information: Select “Divisions” Steven D. Diebert County of Fresno Click “Probate” California Probate Referee Click the blue “Examiner’s Notes” box in 2037 W. Bullard, PMB #349 Fresno, CA 93711-1200 the center of the page. (559)431-7486 Type in your case number and search

Rick P. Smith
California Probate Referee
7638 N. Ingram, Suite 201 “Fostering Court-Community Relationships”
Fresno, CA 93711
(559)435-6005

10/2022