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Within 30 days of the decedent's death, go to the county probate clerk's office and file for probate. This is done by submitting the completed petition for probate form, the Will, and the decedent's death certificate. You must also pay the filing fee, which is currently $435.00 in California.
Specifically, the personal representative must list their name, address, and phone number in the probate form. Next, the representative must fill in the probate court name and location. In the Petition for Section, if the decedent has a will, the personal representative will mark one of the first two boxes.
You will file a petition for probate, and the court will issue a court order naming you executor. The court will also issue Letters Testamentary, which is the document that gives you authority to gather assets and make transfers.
In California, state law gives executors or administrators of estates a time limit to complete probate: one year from the date they are appointed to their position. However, extensions can be requested when delays in the process occur?which is why it generally takes 12 to 18 months.
Understanding executor pay in California ing to the California Probate Code section 10800, the executor receives a percentage of the estate. For example, the executor is entitled to 4% of the first $100,000 of the estate, then 3% of the next $100,000, and 2% of the next $800,000.