Which Probate Form Do I Need?

Posted by smith clea on October 2nd, 2022

Probate is the process of distributing assets after death.
 
It can be very complicated, especially when there are multiple parties interested in what happens to the decedent's assets.
 
There are several different types of probate forms, each with its own rules and requirements for distribution.
 
In this article we'll go over all the major forms you need to know about and when you can use them.
 

Probate Court Allows You To Distribute Assets That Were In The Decedent's Name When They Died.

 
Probate Court allows you to distribute assets that were in the decedent's name when they died.
 
A person who dies without a will may have left behind the property that must be distributed according to state law.
 
A probate court is a court of law, and it is through this process that property can be distributed among heirs or beneficiaries of an estate.
 
Probate is often called “administration” because it requires someone who has legal standing (i.e., power of attorney) over an estate and authority to act on behalf of others receiving benefits from it (such as creditors).
 
The probate process lasts until all debts have been paid off by selling assets if necessary, paying off certain debts first if possible, paying funeral expenses first if possible, etc.
 

In Order To Do This, The Assets Must Be In The Correct Names On The Correct Form.

 
In order to do this, the assets must be in the correct names on the correct form.
 
For example, if you want to transfer home from your husband's name to yours, you will need an estate planning document called a "Transfer on Death Deed."
 
If there is a trust involved, but some assets are not in the trust and you want them distributed according to the trust, use Form GC-210 if the decedent lived in California at death, or Form DE-211 if he or she lived elsewhere.
 
If there is a trust involved, but some assets are not in the trust and you want them distributed according to the trust, use Form GC-210 if the decedent lived in California at death, or Form DE-211 if he or she lived elsewhere.
 
Forms GC-210 and DE-211 are used for probate of a trust.
 
If there is no trust and there was a will, use Form GC-200 if the decedent lived in California at death, and Form DE-200 if he or she lived elsewhere.
 
If there is no trust and there was a will, use Form GC-200 if the decedent lived in California at death, and Form DE-200 if he or she lived elsewhere.
 
If you need to file a probate case with the California Superior Court of San Francisco County (Civil), use Form EW-100; this form is not available online.
 
The court may require that certain information be included on your application including:
 
  • A list of all known heirs (or their representatives).
  • The name(s) and address(es) of each executor appointed by your deceased relative or friend.
  • Information about assets held by any institution or organization related to the estate.
  • Any liens against property held by third parties.
 

Knowing Which Form To Use And When To Use It Is Crucial For Probate.

 
Knowing which form to use and when to use it is crucial for the probate process.
 
Form GC-200 and Form DE-200 are the most common forms used in California.
 
These two forms are also used outside of California, but their specific requirements differ from state to state.
 
For example, if you need to file a petition for letters testamentary or administration (which will be needed if your loved one was not married at the time of his or her death).
 
Then you'll need both types of probate documents because there is no single document that will cover all situations each requires its own set of documents/requirements depending on what type of estate transaction you're dealing with!
 
 

Conclusion

 
So, if you are a California resident and there was a will and an estate plan, use Form GC-200.
 
If not, use Form DE-200.
 
If there is no trust and there was no will or other written document at all, use Form GC-210 if the decedent lived in California at death and DE-211 if he or she lived elsewhere.
 

About The Author 

 
Clea Smith is a USA-based author on Legal issues related to estate planning, will and trust, business law, and elder law. Clea Smith does her best writing on these topics that help users to find the best solutions to their FAQ on estate planning attorney, probate, living trust vs will, and more about legal family issues.

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smith clea
Joined: February 6th, 2020
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