Probate - Encinitas / Solana Beach, CA
Located in North County San Diego. It is easily accessible to the surrounding communities of Encinitas, Solana Beach, Cardiff-by-the-Sea, Leucadia, Carlsbad, Oceanside, Vista, San Marcos, Escondido and San Diego.
If the estate contains probate assets, you will likely need a court supervised Probate proceeding unless your estate is less than $150,000.
If you have been named Executor of a Will and want to serve as Executor, you must first file the Will and a Petition for Probate with the Court. If the Petition for Probate is approved, the Court will issue an Order and Letters Testamentary. These documents will provide the Executor with the legal authority to carry out the probate administration. Obtaining an Order and Letters Testamentary will only occur after a Petition for Probate has been filed and a noticed hearing.
After the Petition for Probate has been granted, the Executor must provide proper notice of the probate administration. Once the Notice to Creditors period has passed, a Report and Accounting to the Court must be filed. An appraisal from a Probate Referee will likely be required. The Report and Accounting will require a new noticed hearing. When an Order is obtained after the hearing, the Executor will make distributions. Many Executors retain a reserve for potential tax liabilities and distribute the balance after it is established there are no more debts of the estate.