Administering a loved one’s estate after their passing can be both emotionally and legally overwhelming. Between court filings, deadlines, and asset management, it’s easy to feel unsure about what needs to happen and when. If you’ve been named an executor or administrator in Sonoma County, having a clear checklist can help you stay organized and avoid costly mistakes.
Below is a practical, step-by-step guide to administering an estate in Sonoma County, California, along with guidance on when it may be helpful to speak with a probate attorney.
1. Locate the Will and Estate Planning Documents
Your first step is determining whether the decedent left a valid will or trust. Look for:
- The original will
- Any amendments (codicils)
- Trust documents
- Powers of attorney (which generally end at death but provide context)
If there is no will, the estate will be distributed according to California intestate succession laws. Do not make copies or markings on the original will. It must be filed with the Sonoma County Probate Court.
2. Secure Property and Assets
Once death occurs, the executor or administrator is responsible for protecting estate property. This may include:
- Securing the decedent’s home
- Safeguarding valuables
- Forwarding mail
- Managing ongoing expenses like utilities and insurance
Proper asset protection is critical, especially in Sonoma County where real estate values can be significant.
3. File the Will and Open Probate (If Required)
In Sonoma County, probate is generally required if:
- The estate exceeds California’s probate threshold
- Assets were not held in a trust
- There are no payable-on-death or jointly held assets that transfer automatically
This step involves filing a Petition for Probate with the Sonoma County Superior Court and requesting formal appointment as executor or administrator.
4. Notify Heirs, Beneficiaries, and Interested Parties
California law requires formal notice to:
- Heirs and beneficiaries
- Creditors
- Government agencies when applicable
Notice must be given within strict timelines, and errors can delay the probate process or lead to disputes.
5. Obtain an EIN and Open an Estate Bank Account
Most estates require:
- An Employer Identification Number (EIN) from the IRS
- A separate estate bank account
This account is used to collect estate income, pay debts, and distribute assets. Mixing personal funds with estate funds can create legal and accounting issues.
6. Inventory and Appraise Estate Assets
Executors and administrators must prepare a formal Inventory and Appraisal, which may include:
- Real estate
- Bank accounts
- Investment accounts
- Business interests
- Personal property
In Sonoma County, a court-appointed probate referee is often required to value non-cash assets.
7. Pay Valid Debts and Expenses
Before assets can be distributed, the estate must pay:
- Funeral expenses
- Outstanding bills
- Creditor claims
- Probate-related costs
California has specific rules governing creditor claims, and paying the wrong debts, or paying them too early, an expose the executor to personal liability.
8. File Required Tax Returns
Depending on the estate, this may include:
- Final personal income tax return
- Fiduciary income tax returns
- Estate tax filings (if applicable)
Tax obligations are often overlooked and can significantly delay estate administration if not handled correctly.
9. Distribute Assets to Beneficiaries
Once debts, expenses, and taxes are resolved, assets may be distributed according to:
- The terms of the will or trust
- California law if there is no will
Court approval may be required before final distribution in probate cases.
10. Close the Estate
The final step is filing the necessary paperwork to formally close the estate with the Sonoma County Probate Court. This includes a final accounting and petition for discharge.
Only after court approval is the executor or administrator released from their duties.
When Should You Contact a Sonoma County Probate Attorney?
Estate administration can quickly become complex, especially when real estate, disputes, or significant assets are involved. Many executors seek legal guidance to:
- Avoid personal liability
- Ensure compliance with California probate laws
- Reduce delays and stress
- Navigate court procedures efficiently
Working with a probate attorney can provide clarity and peace of mind during a challenging time.
Get Help with Estate Administration in Sonoma County
If you’re administering an estate in Sonoma County and need guidance, Gullotta Law Group is here to help. Our firm assists executors, administrators, and families through every stage of the probate and estate administration process.
Call today at 707-379-7590 or contact us online to schedule your complimentary consultation.
Don’t navigate probate alone. Take the next step with confidence.