What is a Formal Probate Proceeding?
Answer: If the value of an estate is in excess of
$150,000, it is the legal method of seeing that the creditors of an
estate are paid and that the remaining property in the estate is
distributed to the entitled persons. This process is carried out by the
executor/administrator of the estate under the supervision of the
Probate Division of the Superior Court.
Is There a less complicated way of handling small estates?
Answer: If an estate is valued at less than $150,000 there are other options that involve little or no court involvement. You may want to seek legal advise if you are unsure what forms to file.
Should a Beneficiary Hire an Attorney to Represent His or Her Interests if the Public Administrator is Acting as Administrator?
Answer: The rights of heirs and beneficiaries are
fixed by law. It is usually not necessary to hire an attorney because
legal work is handled by the attorney for the Public Administrator.
However, if your right to inherit is not clear, is challenged or
substantial claims are made against the estate, you would be advised to
retain legal counsel to represent your interests. The fees for such
legal representation are your obligation and are not payable by the
estate.
Is The Public Administrator Bonded?
Answer: The Public Administrator has no Official Bond as Shasta County is self-insured.