Probate Administrator Onboarding FAQs – Congratulations on starting your journey as a Probate Administrator or Executor. This page was created to help answer some of the most commonly asked questions we hear from inexperienced Probate Administrators and Executors when assisting them through the Probate process. We encourage you to watch all of the FAQ videos below before getting started. It will help give you a foundational understanding of what will be expected of you (the probate administrator) throughout this process. Good luck on your journey, we are here to help!

We hope that you find these questions helpful. As the Probate Administrator, we understand you will have a lot of questions. If you have additional questions after browsing this page, we encourage you visit our YouTube Channel and watch more of our Probate FAQ videos. We are happy to meet with you to discuss any unique circumstances that your probate case may present.

- Do all assets pass through probate?
- Not all assets pass through probate. Only the assets that pass through a Will, can be probated. Those assets that don’t pass through probate include assets held in a trust, insurance policies with beneficiary designations, payable on death accounts, transfer on death securities, retirement accounts, and real estate held jointly with the right of survivorship. Since all these assets pass automatically to the beneficiary, probate is not necessary.
- Do all estates require probate?
- No, not all estates have to be probated. You may or may not need to go to probate court to transfer the title of property of the deceased. Determining whether the estate will require probate depends on many issues. Such as the amount of money involved, the type of property involved, and who is claiming the property.
- How do I get a certified copy of the death certificate?
- Contact the County Recorder’s office in the county where the decedent died.
- Am I responsible for paying the rest of my deceased spouse’s bill?
- Maybe. If you and your spouse share the same bank account, credit cards, checks, etc. then you may have to pay the bill. If the credit cards or accounts were opened with only your spouse’s information as a reference, then you may not be liable. Creditors usually collect their debts from the estate, before the remainder is divided amongst the heirs.
- How can I find out if there was a Will?
- How can I find out if there was a Will?
  First, check with the probate court in the county of the state where the decedent lived. If the Will was filed, it will likely be available to the public for viewing. But many people, even those with substantial assets die without a Will. And if the decedent held all property through a living trust or joint ownership arrangement, there may be no need to probate the Will.
- The bank told me that I need Letters of Administration to handle the probate estate. The account is under $184,500… what do I do?
- You can complete a declaration for the collection of property without Probate. This is not a court procedure. It must be at least 40 days since the date of death. This cannot be used to transfer real property. All persons entitled to receive assets must sign the affidavit, and the signatures must be notarized.
- What happens if we cannot find a Will?
- If a will is lost or cannot be found, the specific facts and circumstances in state law will determine what happens. For example, if the will is missing because the decedent intentionally revoked it, an earlier will or the laws on intestate succession would determine who gets the decedent’s estate. Or, if a will is missing because it was stored in a bank vault or destroyed in a fire, the probate court may accept a photocopy of the will if there is evidence the decedent properly signed the original.
- Who is allowed to act as a personal representative?
- Any interested person can act as a personal representative of a probate estate. A personal representative does not have to be a financial expert. A personal rep should have good organizational skills and keep track of details. It is preferable if the person lives nearby and is familiar with the decedent’s finances. However, if you are out of state, you can always rely on a skilled and experienced probate attorney.
- What is the process for viewing my relatives Will?
- Original Wills are not available to view. However, with a certified death certificate or an informational certified death certificate, you can obtain a copy of the will by going to the probate department and requesting a copy. If you are out of state, you may request a copy by mail by submitting a death certificate with sufficient funds to cover the copy charges and a self-addressed stamped envelope to return the copy of the Will and the death certificate.
- What if the decedent owned land in more than one state?
- The probate laws of the state in which the decedent was a permanent resident determine who will get the decedent’s personal property, wherever it was located. And the decedent’s real property located within that state. This is why probate is almost always filed in the decedents “home state”. If the decedent owner real property in another state, that state’s laws determine how the real property will be distributed. There will be Probate in each state where there is real property, in addition to the home state. Each state has its own method for distributing the decedent’s real property. Even if there is a Will, the Will is first admitted through probate in the home state. Then it must be submitted to probate in each state in which the decedent owned real property. The extra probate procedure for additional states is called ancillary probate. Some states insist upon the appointment of a personal representative who is a local resident to administer the property in that state.
- What steps need to be taken when a case belongs in Probate court?
- The individual who has the will at the time of the person’s death, must take the original will to the probate court clerk’s office within 30-days. The custodian of the Will must send a copy of the Will to the executor. If the executor cannot be found, then the Will must be sent to one of the main beneficiaries in the Will. If the custodian fails to do the above steps, they can be sued for any damages caused.
- How are taxes handled in Probate?
- For federal and state tax purposes, death means 2 things. It marks the date of the close of the decedents last tax year for filing an income tax return. And it establishes a new separate entity for tax purposes called the estate. For federal taxes, you may have to fill out and file one or more of the following forms: The federal form 1040 income tax return, the form 1041 federal fiduciary income tax return for the estate, or the form 709 federal gift tax return. And you may have to file, if your estate is large enough the form 706 federal estate tax return. For California taxes, the executor must file any needed state income tax return, state fiduciary income tax returns during the probate period. And state tax and gift tax returns as well. There may be other taxes, like local real estate and personal property taxes, business taxes, and any special state taxes. The executor must also check for taxes owed for years prior to the decedent’s death.
- My relative died, where can I find their Will?
- You can check the case search on the superior court website by searching for the deceased person’s name. If there are no results, it is possible that the decedent stored the documents in a safety deposit box at his/her bank.
- Who cannot act as a Personal Representative?
- A minor cannot act, someone under a conservatorship cannot act, and a non-resident of the U.S. (unless that person was listed as the Executor in a Will), a surviving business partner of the decedent if any interest party objects, cannot act as a personal representative.

Probate Administrator Onboarding FAQs

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