Although the probate process can cause delays and challenges for a decedent’s heirs and beneficiaries, those heirs/beneficiaries located outside of California may face unique obstacles and complexities.
Understanding Probate in San Jose
The probate process in San Jose approves a decedent’s will, appoints an individual or individuals to serve as the executor or administrator of the decedent’s estate, and supervises the distribution of a decedent’s estate to their creditors, beneficiaries, and heirs. Courts oversee probate by resolving disputes between personal representatives and beneficiaries/heirs or creditors. The court also supervises the personal representative’s actions on behalf of the estate through the accounting(s) the personal representative files.
Unique Challenges for Out-of-State Heirs
A probate case in San Jose can pose unique challenges when the beneficiaries and heirs of the probated estate live outside California. Some of the complexities that out-of-state heirs may face include:
- Communication Delays – Heirs/beneficiaries who live on the other side of the country or in a different part of the world must contend with time zone differences, which can make promptly responding to issues in a probate case more challenging. Time zone differences can also complicate coordinating with local attorneys or receiving court notifications.
- Legal Differences and Reliance on Local Counsel – Out-of-state beneficiaries/heirs must deal with differences in probate laws between California law and the law where they live. As a result, beneficiaries/heirs may have to rely more heavily on local California counsel to guide them through the probate process.
- Travel Requirements – Legal disputes during the probate process may require out-of-state heirs/beneficiaries to travel to San Jose to attend court hearings, significantly increasing their legal costs.
Potential Delays and Costs
Some of the delays and costs of the probate process that out-of-state heirs and beneficiaries will experience more of include:
- Extended Mailing Times – Heirs and beneficiaries who live far away from California must contend with extended mailing times to submit paperwork that requires signatures.
- Need for Notarizations – Out-of-state heirs/beneficiaries who need to sign paperwork may have to obtain notarizations of their signatures, which may come with additional expenses.
- Required Affidavits or Formal Consents – Executors/administrators may require out-of-state heirs/beneficiaries to submit affidavits or formal consents to seek court approvals to close the estate after distributing inheritances.
- Travel Expenses – Heirs/beneficiaries who assert challenges to aspects of the probate process, such as will contests or breach of fiduciary duty claims, may incur significant travel expenses to travel to San Jose to appear in court for hearings or trials.
The Role of Executors
In many cases, a person who passes away in San Jose will select a close-by loved one to serve as the executor of their estate. When a decedent dies without a will, the probate court may choose another family member residing in California to serve as the administrator. However, the executor/administrator is responsible for communicating with all heirs and beneficiaries, including those living outside California, regarding the status of the probate process and when heirs/beneficiaries can expect to receive their inheritances.
How to Make the Process Easier
Heirs and beneficiaries located outside California can make the probate process in San Jose less stressful by following best practices such as:
- Relying on electronic communications whenever possible and utilizing secure document-sharing tools to exchange legal documents with local counsel or executors/administrators
- Choosing an experienced San Jose probate attorney familiar with California probate laws and local court rules and procedures
- Executing powers of attorney or consents to avoid the need to travel to California or deal with postal delays
- Staying in regular contact with the executor or administrator
Contact a Probate Attorney Today
When you become an heir or beneficiary of a loved one who passed away in San Jose, hiring local counsel with extensive knowledge of California probate law and experience assisting out-of-state heirs/beneficiaries can help you protect your rights and inheritance. Contact BoyesLegal, APC, today for an initial consultation with a probate attorney to learn more about what to expect as an out-of-state heir/beneficiary inheriting from a probate estate in San Jose.