PRACTICE AREA

PROBATE

What is Probate?

Probate is the court-supervised process during which the court will decide the validity of your will, the personal representative or executor will gather your assets and distribute them according to your will (if there is no will, your assets will be distributed according to intestate succession), and your creditors will get paid. We are here to walk you through the process which can oftentimes be confusing.

Probate Process

Appoint Personal Representative

The court will first appoint an individual to oversee the process. If there’s a last will and testament, this document will designate a personal representative. If not, the court will appoint one.

File Petition

The personal representative will file a petition with the California Superior Court in the county where the deceased resided to initiate probate proceedings.

Send Out Notices

Once the petition is filed with the correct court, the notice of hearing should be published in the local newspaper. The personal representative should also mail the notice to all persons named in the will, as well as the legal heirs of the deceased.

Collection of Assets

The personal representative should take possession of all of the deceased individual’s assets that are subject to probate. Examples are bank accounts, real property, stocks and bonds, brokerage accounts, etc.

Pay Creditors

The personal representative must pay all valid debts of the estate, including funeral expenses, federal and state taxes, etc.

Distribution of the Estate

To close out the estate, the personal representative must provide an accounting of their actions on behalf of the estate. If there are no objections, and if the court approves the accounting, the court will issue an order concluding the estate. The personal representative will then make distributions of the remaining assets to the heirs.

Estate Planning

The flexibility of trusts make them an appealing estate planning tool. 

Trust administration

Unlike the probate process, trust administration is a not a court-supervised process. If you have been named as the Trustee of a loved one’s Living Trust, there are certain steps you need to take.

Govt Benefits planning

For those who are facing deteriorating health and in need of additional help, we can help you decide if you qualify for Medi-Cal or Veterans benefits.

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Ultimate Estate Planning Checklist

Learn the ins and outs of estate planning from simple, actionable steps outlined in this free download.

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