California Probate Administration Attorney

Helping Clients Understand the Probate Process

When someone dies, their estate must go through the probate process. During this legal process, their estate will be collected, inventoried, and eventually passed on to the decedent’s legal heirs. The person who is in charge of this process is the executor of the estate, which is named in the deceased person’s will. When someone dies without a will or intestate, the probate court will appoint a personal representative to take on the role of executor.

Have you been tasked with administering a loved one’s estate? This process is taxing, and if you go into it unprepared, you risk making mistakes that could significantly delay the probate court procedures. When the probate process is delayed, the beneficiaries of an estate have to wait before they can access the estate’s assets. That can lead to a domino effect that can spiral out of control and have a lasting negative impact on everyone involved.

The experienced probate attorneys at Yonano Law Offices, P.C. have the knowledge to help you navigate probate and close out someone’s settlement so that you and the beneficiaries can move on and process your loss. Call 916-894-8790 to schedule your initial consultation. Let us help you through this difficult process during this rough time.

What is Probate?

Probate is the legal process of settling someone’s estate after they die using their will or California’s intestacy laws. The named executor in the decedent’s will is in charge of doing the legal legwork, which involves many steps. If the decedent dies intestate, then the probate court will appoint a personal representative to act as the estate’s administrator. Some estates can avoid probate if they are small enough, had a living trust, or if the deceased person employed certain estate planning strategies.

How Long Does Probate Take?

The California probate process is very time-consuming and involved. In California probate court, probate proceedings usually take anywhere from 9 to 18 months, depending on the complexity of the estate. A few issues can arise that will make the process take even longer. Delays in filing the required documents, contested cases, and probate real estate can cause probate to take even longer.

The goal is to get through probate as quickly as possible so that the beneficiaries of the decedent’s estate can receive their inheritance and grieve. Are you having a hard time with your administrator duties? Hiring a probate lawyer can make the entire process far easier. Working together, you can feel confident knowing you are doing what is best for the decedent and their heirs.

What is the Probate Process?

During the probate process, you will be required to complete a series of legal steps. Each step is vital to the process, and making a mistake or missing a step can set you back to square one. The steps of estate administration are:

File the Petition

Submit a petition to the probate court in the county where the decedent resided. This will open a case, and the probate court will appoint the executor or administrator.

Notify the Heirs and Creditors

Notify all of the beneficiaries of the deceased’s estate by legal means. Also, notify creditors of the decedent’s death.

Inventory and Appraise the Estate’s Assets

You must identify and value all assets held in the deceased individual’s estate, including real estate, real property, financial accounts, and personal property. An inventory of these assets must be kept.

Pay Debts and Taxes

Using estate assets, settle valid creditor claims and outstanding debts, and pay applicable estate taxes.

Manage the Estate

Because the probate process takes so long, as the executor, you will be required to maintain and protect the assets of the estate during probate.

Provide Accounting

You will need to prepare a formal accounting of all estate activity for court approval and beneficiary review. Beneficiaries can request an accounting report at any phase of probate administration.

Distributing Assets

Distribute the remaining assets to the beneficiaries according to the decedent’s wishes or California law.

Close the Estate

The final step of the probate administration process is filing a final petition with the court to close the probate case and relieve the executor or estate administrator of their duties.

As the executor or personal representative of an estate, you owe the beneficiaries a fiduciary duty to always act in their best interests and according to the decedent’s wishes. Failure to do so can lead to legal complications and delays.

Should You Hire a Probate Administration Attorney?

Most people don’t deal with probate administration for the first time until they lose a loved one. If they enter into the process unprepared, they risk misunderstanding their duties. Have you been named an executor or administrator of an estate? Speaking with a probate administration attorney can ensure you are satisfying your obligations and meeting your fiduciary duty.

Speak with Yonano Law Offices, P.C., to find out how we can help you with probate administration, paying creditor claims, distributing assets, and closing the estate. Our law firm has the resources you need to accomplish your duties, understand probate law, and protect you from legal recourse. Do you feel like a personal representative of a family member’s estate isn’t honoring their final wishes or suspect undue influence? We can help you investigate their actions and hold them accountable for their misdeeds.

Call 916-894-8790 to speak with our experienced probate attorneys.