February 6, 2012

Probate

Are you seeking legal advice on California probate and the handling of estate affairs from qualified legal specialists? You can stop looking now.

Whether you are numb or feeling overwhelmed, grief-stricken and/or stressed out because of the death of a loved one, there are practical matters that must be dealt with including the loved one’s estate.

When someone dies without a living trust, his or her estate goes into probate, which is administered through the Superior Court. This process requires the filing of numerous forms and documents and may take anywhere from 6 to 18 months or longer to complete.

Let us give you peace of mind by helping you successfully navigate through this process during this period of adjustment. We will give you the personal attention that your case requires and treat you with sensitivity and dignity.

Steps in the Probate Process

Step 1
The court appoints someone to assess the value of all assets and pay all bills owed at death. Depending on circumstances, this person is referred to as an executor, administrator or administrator with the will annexed.

Step 2
All assets are collected. The total property of the estate is inventoried and appraised.

Step 3
All taxes and debts are paid, including personal or property taxes.

Step 4
The executor or administrator distributes the remaining assets according to the deceased’s will, or according to the rules of intestate succession, if he or she died without a will. This can happen only after all previous steps are completed.

Step 5
To wind up the estate, the court is petitioned to obtain a decree or order of distribution.

Step 6
Once the court order is obtained, checks may be written and assets reregistered in the names of the estate beneficiaries.

Step 7
After all assets are distributed, a receipt for the assets is obtained from each beneficiary and filed with the court.

We’d also encourage you to read more about California Probate issues on our Living Trust page