Certain legal processes go into motion in California to deal with the estate of a person who has died and left behind a will or trust. For instance, California probate code provides that beneficiaries of a trust must be notified by the trustee within 60 days of the trustor’s death.
California law provides less-specific deadlines for filing a Last Will and Testament for probate. Beneficiaries of a will are typically notified within three months of the probate court’s receipt of the will. An interested party can file a petition for administration of the estate at any time after the decedent’s death, and a hearing will be scheduled for up to 45 days later. Once the hearing date is established, the petitioner must notify the estate’s beneficiaries and heirs at least 15 days before the hearing.
Notifying beneficiaries in a timely manner not only advises them of a forthcoming inheritance, it allows them time to pursue any necessary challenges to the will or trust, which must also be filed by established deadlines.
Initial Steps to Take on Behalf of the Estate After a Death
The executor of a will is responsible for protecting the interests of a deceased’s estate as it goes through probate and for distributing assets as directed by the will. If the decedent’s assets are transferred to a trust at the time of their death, the successor trustee is responsible for settling the trust, which usually means distributing its contents to designated beneficiaries and terminating the trust.
The bylaws of a trust will name a successor trustee and outline their duties. An individual named executor of a will or who is taking responsibility for administration of the estate must petition the local superior court to be appointed executor (or administrator), and the court will issue Letters Testamentary, which give the executor the right to administer the estate of the deceased and to dispose of any property.
The newly credentialed executor (or successor trustee) should promptly notify beneficiaries of the will or trust of their benefactor’s death. They should provide each beneficiary a copy of the will and/or trust bylaws.
Next, the executor needs to inventory the decedent’s assets and debts and determine how debts will be paid. Payments may be made with existing funds or with the proceeds of selling estate assets. The executor should also obtain payments owed the estate and close accounts and subscriptions held in the name of the decedent or the estate.
Then, the executor must ensure that each beneficiary receives the assets they are entitled to under the terms of the will or bylaws of the trust. Executors also have a duty to keep beneficiaries “reasonably” informed of their efforts to administer and close the estate. They should notify beneficiaries of major decisions (to sell a valuable asset, for example) and respond to questions. An executor concerned about a beneficiary’s demands for information or actions might consult an attorney about how to proceed.
Finally, the executor must keep an accounting of how the estate’s assets are distributed – toward debt, sold, distributed to beneficiaries – and file certain records with the court to close out the estate.
How to Notify Interested Parties of a Death
The executor of an estate should make sure that all interested parties are promptly notified of the decedent’s death. Interested parties include beneficiaries, creditors and anyone who might have business with the decedent if he or she were still alive.
This might include:
- Landlord, utility providers, and subscription companies (internet, cellphone, cablevision, periodicals, etc.)
- Banks, brokerages and other financial institutions
- Credit card companies, credit reporting agencies
- Former employers (pension providers)
- Insurance companies
- Post office
- Social Security Administration
- Department of Motor Vehicles
- U.S. State Department (passport office)
- Medicaid or other public benefit offices
- Family members, friends, social groups, etc.
If the decedent was receiving Social Security benefits, the executor must return any payments for the month of the decedent’s death onward. If the Social Security payments were directly deposited into a bank account, the executor can ask the bank to return payments. If the decedent received checks, the executor should deliver them to the local Social Security office.
Beneficiaries of a decedent’s trust or will should be notified in writing through first class mail or hand-delivery. If a beneficiary’s address is unknown, the estate administrator must make a reasonable effort to locate them and file a declaration or affidavit with the court to explain the steps they have taken if their efforts fail.
The executor of a will must also publish death notices in a general circulation newspaper in the city where the decedent lived at the time of death and/or where their property is located. These notices let creditors and others know that the person has passed away and that the estate is going through probate. They should state the decedent’s full name, how much time creditors have to come forward, and contact information for the executor or the executor’s lawyer.
Beneficiary Rights and Responsibilities
The executor of an estate is a fiduciary, which means they have a duty to act in a way that will benefit someone else financially. Their fiduciary duty as they administer and close out the decedent’s estate is to the beneficiaries of the will and the estate itself.
If the executor of an estate fails to provide beneficiaries with a proper accounting of their actions and the estate’s affairs, any beneficiary may petition the court to compel the executor to provide one. Beneficiaries may also ask the court to replace the executor if they think the executor has filed inaccurate records or they have evidence of other types of misconduct or negligence.
If an executor fails to notify a beneficiary about the decedent’s will, the beneficiary could potentially contest the will and seek to revoke admission of the will into probate.
Contact a California Inheritance Litigation Attorney
Sometimes, the beneficiaries of a will or trust must be proactive to ensure that a decedent’s estate or a trust is being administered properly. Not every executor or successor trustee is cut out for the job, and there are some who will take advantage of a position of power.
If you are the beneficiary of an estate in probate or a trust in California and believe the executor or successor trustee is acting in a manner that is contrary to your financial interests, the attorneys of Albertson & Davidson, LLP can help you. We are aggressive trial lawyers who focus on trust and estate litigation to protect our clients’ inheritance. We stand. We fight. We win.
Contact us online or at (855) 928-0542 for a free initial consultation. Albertson & Davidson has offices in Los Angeles, San Diego, Carlsbad, Bay Area, and Irvine, CA.
