Taking Control Of A Probate Proceeding
Your loved one has passed away and you need answers quickly to move forward. Soon after the death, the estate’s personal representative will need to take steps to begin settling his or her final affairs. This can be emotionally draining and take up valuable time if it is not done properly. With the Law Office of Thomas E. Rossmeissl by your side, you can ensure that all necessary documents are filed and steps are taken in a timely manner. Not only can the assistance of an attorney help you meet deadlines, but it can save you time and money.
What Can I Expect In A Probate Proceeding?
If you are the executor, you must know some important things before moving forward with the process. California probate courts can be intimidating. Understanding the process and setting realistic expectations can help reduce any anxieties you may have and clear up uncertainties.
The California probate process for an executor includes:
- Filing a petition for probate with the court
- Notifying beneficiaries
- Proving the validity of the will when someone challenges the will’s validity
- Collecting assets
- Addressing the claims of creditors and paying legitimate debts and obligations
- Filing the decedent’s final tax returns
- Distributing assets
No matter the value of the estate, a California probate lawyer like Mr. Rossmeissl can help guide you through the estate administration process.
What Happens In Probate?
Probate is the legal process that takes place after someone dies to distribute their assets and property. In California, probate court proceedings are overseen by a judge and require the involvement of an executor or personal representative. The key steps include:
- Filing a petition for probate and proving the validity of the deceased’s will
- Appointing the executor named in the will
- Identifying, collecting and appraising the deceased’s assets
- Paying off any remaining debts and taxes owed
- Distributing the remaining assets per the will’s instructions
Having an experienced California probate attorney can ensure this complex process moves forward efficiently while protecting your rights.
How Can Probate Be Avoided?
While probate allows for court supervision over estate distribution, some choose to avoid it through proper estate planning. Creating a revocable living trust is one way to bypass probate, as assets held in the trust do not go through the process. Other nonprobate assets include jointly owned property, life insurance proceeds, and retirement accounts with beneficiary designations.
However, avoiding probate is not always advisable, as court oversight can resolve disputes and provide finality. An experienced probate lawyer can evaluate your situation.
How Are Assets Distributed In Probate?
If the deceased had a valid will, the probate court will order the executor to distribute assets according to the will’s instructions after debts and taxes are paid. If there is no will, California’s intestacy laws determine how assets pass to legal heirs based on familial relations.
Beneficiaries can object if they feel the will is invalid or was drafted improperly. A California probate attorney represents executors and beneficiaries to ensure the decedent’s true wishes are carried out properly during the distribution process.
Receive Personal Attention From A Los Gatos Lawyer
You need time to grieve, and asking for help can give you the opportunity to do just that. To discuss your case one-on-one, call 408-883-3197 or request an appointment through the online contact form.