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During the probate process, a Personal Representative ? also known as the Executor ? is appointed to administer the estate, collect the assets, pay creditor claims, and distribute the assets to the named persons under the Will.
Upon the entry of an order for final distribution, the personal representative can distribute the remaining estate property to the beneficiaries. California Probate Code §11641. The personal representative is required to obtain receipts from the distributees of the property. California Probate Code § 11751.
Even if there is a will in place, the estate still must go through probate, but it can make the process simpler.
Letters Testamentary or Letters of Administration are issued by the court, once the court has appointed you the Personal Representative of the estate. These documents authorize you to handle the claims, releases, transfers, and other issues in the estate.
Estate planning, including Living Trusts, Payment on Death Accounts, and Transfer on Death Deeds, may help avoid Probate.
Probate can be started immediately after death and takes a minimum of four months. If the estate includes property that takes a while to sell, or if there are complicated tax or other matters, probate can last much longer. A small estate proceeding cannot be filed until 30 days after death and is complete upon filing.
The liquidator gives the heirs a final report, officially called a ?final account.? This is a report by the liquidator that tells the heirs what was left in the estate after paying all amounts owed. It also explains what went on during the liquidation.