Probate Filing

What we handle

• Listing and valuing the estate’s assets for the inventory filed with the court
• Keeping the estate’s books while it is open: receipts, payments, sales and distributions
• Accountings for the court, in the schedules the court expects
• Final income tax returns for the person who died (federal Form 1040 and California Form 540)
• Estate income tax returns (federal Form 1041 and California Form 541)
• The federal estate tax return, Form 706, when one is required
• Trust accountings for trustees

How probate works in California

Probate in California is supervised by the superior court in the county where the person lived. The court appoints a personal representative, either the executor named in the will or an administrator, who collects the assets, pays debts and expenses, and distributes what is left. Along the way the representative files an inventory and appraisal, and a probate referee appraises most assets other than cash. Before the estate closes, the court generally requires an accounting of everything the representative received and paid out, unless the beneficiaries waive it.

Trusts

Property held in a living trust usually avoids probate, but the trustee still has to keep records and, in California, generally report to the beneficiaries on the trust’s income, expenses and assets at least once a year. We prepare those accountings and the trust’s tax returns.

What to bring

• The court case number and the letters appointing the executor or administrator, if a case is open
• The will or trust
• Bank and brokerage statements from the date of death forward
• Records of bills paid, property sold and distributions made
• The person’s recent income tax returns