In California, probate is the legal process that takes place after someone dies. At its essence, probate is the court-administered process of collecting and organizing a deceased person’s estate, paying the deceased’s bills and then distributing the remaining assets to those entitled to receive those assets.

It starts with a petition to the court to open the proceedings and the assignment of someone to execute the wishes of the deceased in accordance with California probate law.  Next, official notices are sent to interested parties regarding the estate and any hearings to resolve matters are conducted.  Once all debts of the estate are paid and the remainder is properly distributed, a petition to discharge is filed and the estate can be closed.

It commonly uses a will to distribute the deceased person's property and resolve any claims against the estate.  In its most basic functions, it appoints an "executor" or "personal representative" for the estate and proceeds to interpret the instructions of the deceased.  There are standard procedures that must be adhered to and deadlines that need to be met in order for probate to proceed smoothly and in a manner the deceased wished.

Unfortunately, there are many ways in which the probate of an estate can go wrong or become difficult.  Probate law can be complex and administering the estate can become a hotly contested affair.  It is best to retain an experienced California probate lawyer to ensure the probate is done according to California state laws and to successfully resolve problems that may arise.

 

WHY HIRE AN ATTORNEY?

The probate process is full of forms and hand-drafted legal pleadings that are best completed by a probate attorney. Since the rules and regulations regarding probate are extremely complex and difficult to understand, the probate process can be a “legal nightmare.” 

The last thing that an individual may want to face after the death of a loved one is how to settle their estate. To ensure it works smoothly and to resolve the inevitable bumps in the road, it is best to retain an experienced, reliable probate attorney.

From time to time throughout the process, documents will be submitted and reviewed by court representatives or the probate Judge. Additionally there are notices and filings that need to be sent to various government agencies and we will help get those done in a timely fashion. Once all materials are in order as required under the California Probate Code and local court rules, a court order will be prepared and submitted to the Judge for signature. In most circumstances, you will never need to attend a Court hearing as we will handle them for you.

We will also help you take possession of all of the decedent’s property and provide advice regarding the management of estate assets. Proper and careful management of all assets, including securities, jewelry, deeds to real estate, bank balances, and other assets, is necessary because a complete inventory and appraisement of the assets must be prepared.

Final distribution of the estate will probably be made soon after a federal estate tax return is filed (usually nine months after the date of death) if one is required. When all debts and taxes have been paid and the estate is ready for final distribution, we will prepare a final account and report for your signature as personal representative (PR), based upon your record of receipts and disbursements.

The account and report will ask the court to order distribution of the remaining estate assets to the beneficiaries. We will then help you distribute the assets and obtain the necessary receipts. Once all the receipts are filed we will help you obtain the final discharge and your job will be done.

 

Elder Law Services of California, APLC, is a law firm dedicated to assisting our many and varied clients in all probate matters. Our motto is “Making Difficult Times Simple.”
For a FREE case evaluation, call us toll free at (800) 403-6078 and schedule an appointment with an experienced, reliable probate attorney. Be sure to inquire about our 20% legal fee discount program.