Probate Law

It Is Always Difficult To Lose Someone in Your Life.

After losing someone close you have to  pick up the pieces. This  can  be a very difficult and sadening time for families. In addition, sifting through the memories you have had with them,  those left with moving forward must figure out how to transfer the inherited property alwfully. To do this, if there is not a valid trust in place, you will need to go to court. Dealing with this process is very complicated. We will give you the representation needed to obtain your inheritance  legally and timely.

What is the California Probate Process?

`hen the probate process is necessary, the first step is for someone to start the process with the court. If there’s a will, the executor named in the will will likely be the one filing everything with the court. However, many times there is no will. In this case any person, usually a family member, requests the courts to appoint them as “administrator” of the estate. 

Next, the executor files a “Petition for Probate” with the probate court and other applicable estate documents like notices to interested parties. This process of filing will cost a filing fee that will vary by county and service fees. After everything is completed above and done properly, the court issues “Letters Testamentary” or “Letters of Administration”  that appoints the executor and grants authority to the executor over estate.

Now the goes through the process of gathering the assets and known debts.  Records of everything must be kept for review by the beneficiaries and the court. This includes getting appraisals and setting up measures to protect the value of all assets.For example, insuring the house and vehicles, safeguarded jewelry from being stolen, and even filing tax returns for the deceased person. Keep in mind there are potential debts out there that need to be paid. Creditors have four months make a claim for payment on California probate estates and proper notice must be given to all of them.

Finally, after all the liabilities, bills and taxes have been satisfied, a request must be submitted to the court to close the estate and all the assets can be disbursed to the heirs.